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CLEARY v. STARKWEATHER

165 A.D.2d 967 (1990)

Dennis H. Cleary et al., Appellants, v. Karl A. Starkweather et al., Doing Business as Starkweather Construction Company, et al., Defendants and Third-Party Plaintiffs-Respondents. Minfelt Wholesale Company, Inc., Third-Party Defendant-Respondent

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

September 27, 1990

Initially, we find no merit to plaintiffs' contention that third-party defendant had no standing to bring a motion to dismiss plaintiffs' complaint for failure to prosecute pursuant to CPLR 3216. CPLR 3216 (a) is not restrictive and, therefore, entitles any party interested in moving an action forward to make such a motion, including a third-party defendant (Siegel, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C3216:9, at 920). Turning to the merits of...

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