CHAN v. FENDT


187 A.D.2d 574 (1992)

Shu Chaing Chan et al., Respondents, v. John Fendt, Defendant, and First American Title Insurance Company of New York et al., Appellants

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

November 16, 1992


Ordered that the order is reversed, as a matter of discretion, with costs, the motion is granted, the complaint is dismissed insofar as it is asserted against the appellants, and the action against the remaining defendant is severed.

The Supreme Court improvidently exercised its discretion in denying the appellants' motion to dismiss the complaint for failure to prosecute. CPLR 3216 permits a party to serve upon the adversary a written demand that he or she file a...

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