Ordered that the order is affirmed insofar as appealed from, with costs.
A prior action by the plaintiff's assignor was dismissed after the Supreme Court determined that it had failed to appear for two court-ordered conferences, and had failed to comply with discovery requests for more than three years. Under these circumstances, the dismissal of the prior action was for "neglect to prosecute" within the meaning of CPLR 205 (a) (see, Flans v Federal Ins...
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