Opinion
Submitted February 2, 2000.
April 13, 2000.
In an action to recover damages for medical malpractice, the defendants appeal from an order of the Supreme Court, Nassau County (Adams, J.), dated October 4, 1999, which denied their motion pursuant to CPLR 3216 to dismiss the complaint and granted the plaintiff's cross motion to vacate an order of the same court dated May 28, 1999, which, sua sponte, dismissed the complaint for failure to prosecute.
Wortman, Fumuso, Kelly, DeVerna Snyder, LLP, Hauppauge, N Y (Scott G. Christesen of counsel), for appellants.
Frank X. Kilgannon, Mineola, N.Y., for respondent.
LAWRENCE J. BRACKEN, J.P., DANIEL W. JOY, WILLIAM C. THOMPSON, GLORIA GOLDSTEIN, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court providently exercised its discretion in denying the defendants' motion and granting the plaintiff's cross motion (see, CPLR 3216[e]; Baczkowski v. Collins Constr. Co., 89 N.Y.2d 499, 504 ; Barrett v. Littles, 260 A.D.2d 418 ).