LDA Corp. v. Meringoff Properties

Order, Supreme *334Court, New York County (Jane Solomon, J.), entered, on or about August 31, 2000, which granted defendants’ motion to dismiss the complaint for failure to prosecute, affirmed, with costs.

We reject plaintiffs’ argument that plaintiff’s letter dated September 27, 1996, confirming the adjournment of defendants’ employee’s deposition, upon the condition that plaintiffs’ time to comply with defendants’ CPLR 3216 90-day notice be extended without date, to allow plaintiffs to take such deposition constituted an abandonment by defendants of the 90-day notice. This action was almost nine…