Opinion
December 16, 1999
Order, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered on or about October 1, 1998, which granted defendants' motions to dismiss the complaint as time-barred, unanimously affirmed, without costs.
Ormond N. Smith for Plaintiffs-Appellants.
William T. Bellard and Michael M. Horowitz for Defendants-Respondents.
ELLERIN, P.J., WALLACH, LERNER, ANDRIAS, SAXE, JJ.
The action is not saved by CPLR 205(a), plaintiffs' prior action having been dismissed for "neglect to prosecute" within the meaning of that section after plaintiffs' attorney had failed to appear at five court-scheduled preliminary conferences.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.