Appellate Division of the Supreme Court of New York, 2001

Ponce v. Ricupero

Ponce v. Ricupero
Appellate Division of the Supreme Court of New York · Decided April 16, 2001
282 A.D.2d 589; 723 N.Y.S.2d 389; 2001 N.Y. App. Div. LEXIS 3770
Ponce v. Ricupero

Opinion of the Court

—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Thomas, J.), dated July 13, 2000, which denied his motion to dismiss the complaint pursuant to CPLR 3216.

Ordered that the order is affirmed, without costs or disbursements.

The defendant’s motion pursuant to CPLR 3216 to dismiss the complaint for want of prosecution was properly denied (see, Indemnity Ins. Co. v Lamendola, 261 AD2d 580; Monahan v Pressman, 237 AD2d 496). Ritter, J. P., Krausman, Florio and Feuerstein, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.