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ROSENKRANTZ v. ERDHEIM

272 A.D.2d 64 (2000)

707 N.Y.S.2d 831

MARJORIE ROSENKRANTZ, Respondent, v. MICHAEL F. ERDHEIM, Appellant.

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

Decided May 2, 2000.

Since at the time this action was marked off the calendar, a stay of the action was in effect, and plaintiff's verified complaint and bill of particulars assert a meritorious claim for legal malpractice, the motion to dismiss for want of prosecution was properly denied (see, Ramputi v Timko Contr. Corp., 262 A.D.2d 26, 27, citing Sanchez v Javind Apt. Corp., 246 A.D.2d 353, 355). We find...

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