FRANK L. CIMINELLI CONSTR. CO., INC. v. CITY OF BUFFALO


110 A.D.2d 1075 (1985)

Frank L. Ciminelli Construction Co., Inc., Appellant, v. City of Buffalo, Defendant, and Theodore A. Biggie, Jr., et al., Individually and Doing Business Under the Assumed Name and Style of Biggie-Shaflucas Architects, et al., Respondents Clarence Materials Corp., Doing Business as Clarence Redi-Mix Concrete, Third-Party Plaintiff-Respondent, v. W. R. Grace & Company et al., Third-Party Defendants-Respondents. (And Another Third-Party Action.) (Appeal No. 1.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 5, 1985


Order unanimously reversed, on the law, without costs, and motions denied.

Memorandum:

Plaintiff appeals from an order granting motions made on February 10, 1984 by defendant Clarence Materials Corp. and defendant architects and by three third-party defendants to dismiss the complaint for failure to prosecute pursuant to CPLR 3216. It is conceded that none of the moving parties had fulfilled the requirement of...

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