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OTTOMANELLI v. LAVIGNE

235 A.D.2d 297 (1997)

652 N.Y.S.2d 709

Angelica Ottomanelli et al., Respondents, v. Jeffrey E. Lavigne et al., Appellants, et al., Defendants

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

January 21, 1997

As defendants acknowledge, automatic dismissal under CPLR 3404 is no longer warranted by reason of an intervening change in the law (Ronsco Constr. Co. v 30 E. 85th St. Co., 219 A.D.2d 281). On the merits, plaintiffs' motion to renew demonstrated a meritorious cause of action, adequate reasons for the delay in prosecuting the action and absence of prejudice to defendants (see,

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