Opinion
September 27, 1990
Appeal from the Supreme Court, Madison County (Tait, Jr., J.).
Initially, we find no merit to plaintiffs' contention that third-party defendant had no standing to bring a motion to dismiss plaintiffs' complaint for failure to prosecute pursuant to CPLR 3216. CPLR 3216 (a) is not restrictive and, therefore, entitles any party interested in moving an action forward to make such a motion, including a third-party defendant (Siegel, Practice Commentaries, McKinney's Cons Laws of N.Y., Book 7B, CPLR C3216:9, at 920). Turning to the merits of the motion, plaintiffs have failed to meet their burden of demonstrating a meritorious cause of action (see, Alise v. Colapietro, 119 A.D.2d 921, 922), and a justifiable excuse for their default, both of which are required by CPLR 3216 (e) (see, Billings v. Berkshire Mut. Ins. Co., 149 A.D.2d 895, 896). As such, dismissal of plaintiffs' complaint was properly made (see, Riley v. Makowski, 92 A.D.2d 664).
Order and judgment affirmed, with one bill of costs. Mahoney, P.J., Kane, Casey, Levine and Harvey, JJ., concur.