Jones v. Oglesby

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Clemente, J.), dated March 13, 1998, which denied their motion to dismiss the complaint pursuant to CPLR 3216 for lack of prosecution.

Ordered that the order is reversed, as a matter of discretion, with costs, and the motion is granted, and the complaint is dismissed.

The Supreme Court improvidently exercised its discretion in denying the defendants’ motion to dismiss the complaint pursuant to CPLR 3216 (see, Baczkowski v Collins Constr. Co., 89 NY2d 499). The…