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JONES v. OGLESBY

254 A.D.2d 393 (1998)

678 N.Y.S.2d 739

John Jones et al., Respondents, v. Cheryl A. Oglesby et al., Appellants

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

October 19, 1998

Ordered that the order is reversed, as a matter of discretion, with costs, and the motion is granted, and the complaint is dismissed.

The Supreme Court improvidently exercised its discretion in denying the defendants' motion to dismiss the complaint pursuant to CPLR 3216 (see, Baczkowski v Collins Constr. Co., 89 N.Y.2d 499). The explanation of the plaintiffs' counsel that the delay in prosecuting the action was due...

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