Duane Reade, Inc. v. Doe

Judgment, Supreme Court, New York County (Jacqueline W. Silbermann, J., upon decision of Ira Gammerman, J.H.O.), entered March 22, 2005, which sua sponte dismissed plaintiffs’ second amended complaint for failure to prosecute, unanimously reversed, on the law, without costs, the dismissal vacated and the second amended complaint reinstated.

This action was commenced by Duane Reade, Inc. and its *252chief executive officer, Anthony Cuti, against defendants for fraud, tortious interference with contractual relations, libel per se and negligence. The complaint alleges that defendant Oluyemi Atoki,*…