ZULIC v. PERSICH

2012-03653.

106 A.D.3d 904 (2013)

965 N.Y.S.2d 551

2013 NY Slip Op 3477

TEREZIA ZULIC et al., Appellants, v. GIANNI PERSICH et al., Respondents.

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

Decided May 15, 2013.


Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

The Supreme Court properly determined that its prior dismissal of a similar action between the parties was based on the plaintiffs' neglect to prosecute, and the prior order of dismissal adequately set forth the plaintiffs' conduct constituting the neglect and demonstrating a general pattern of delay in proceeding (see CPLR 205[a]). Accordingly, the plaintiffs were not entitled...

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