Gibson v. D'Avanzo

In a negligence action to recover damages for personal injuries, plaintiff appeals (1) from an order of the Supreme Court, Queens County (Buschmann, J.), dated April 11,1983, which granted defendants’ motion to dismiss the complaint for failure to serve and file a note of issue within 90 days after receipt of defendants’ demand pursuant to CPLR 3216 that plaintiff resume prosecution of the action, and denied plaintiff’s cross motion to strike the defendants’ demand and for leave to take the deposition of defendant Dennis D’Avanzo, and (2) as limited by his brief, from so much of an order of…