Allstate Ins. Co. v. Seibert

• Decision Date: 19 March 1984
• Citation: 100 A.D.2d 562,473 N.Y.S.2d 488
• Parties: ALLSTATE INSURANCE COMPANY, etc., et al., Respondents, v. John SEIBERT, etc., et al., Appellants, et al., Defendants.
• Court: New York Supreme Court — Appellate Division

Page 488

473 N.Y.S.2d 488

100 A.D.2d 562

ALLSTATE INSURANCE COMPANY, etc., et al., Respondents, v. John SEIBERT, etc., et al., Appellants, et al., Defendants.

Supreme Court, Appellate Division Second Department.

March 19, 1984.

Mead, Dore & Voute, P.C., White Plains (Emanuel Thebner, White Plains, of counsel), for appellant John Seibert.

Ernest J. Williams, New York City (Joseph J. Klem, New York City, of counsel), for appellant Consol. Edison Service.

Crudo & Crudo, P.C., New York City (Alexander J. Crudo, New York City, of counsel), for respondents.

Before MOLLEN, P.J., and GIBBONS, THOMPSON and RUBIN, JJ.

MEMORANDUM BY THE COURT.

In a negligence action to recover damages for injury to property, defendants John Seibert, individually and d/b/a Sei-Be General Contractors and Carpenters, and Consolidated Edison Service separately appeal from an order of the Supreme Court, Westchester County, entered August 16, 1983, which denied their motions to dismiss the complaint as to them pursuant to CPLR 3216 for failure to prosecute the action, and granted plaintiffs' cross motion to the extent of granting them leave to file a note of issue and statement of readiness within 20 days after service upon them of a copy of the order appealed from with notice of entry thereof.

Order reversed, as a matter of discretion, with one bill of costs, motions to dismiss the complaint as to appellants granted, and plaintiffs' cross motion denied in its entirety.

In light of the facts that the event giving rise to this action occurred in 1973, the action is more than seven years old, no discovery has...