Sturkey v. Ramdas

In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Queens County (Price, J.), dated March 13, 2002, which denied his motion to dismiss the complaint pursuant to CPLR 3216 for failure to prosecute.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiffs, having been served with a 90-day demand pursuant to CPLR 3216 (b) (3), were required to comply with the demand by filing a note of issue or by moving, before the default date, either to vacate the demand…