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MADIGAN v. CROMPTON

45 A.D.3d 650 (2007)

844 N.Y.S.2d 887

JOSEPH MADIGAN et al., Appellants, v. BRETT CROMPTON, Respondent.

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

Decided November 13, 2007.

Ordered that the order is reversed, on the law, with costs, the plaintiffs' motion is granted, the complaint is reinstated, and the plaintiffs' note of issue is deemed filed.

An action that is in pre-note of issue status may be dismissed for want of prosecution only if the statutory preconditions for such dismissal are met (see Anthoulis v Mastoros, 36 A.D.3d 571 [2007]; Travis v Cuff, 28 A.D.3d 749...

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