Opinion
October 19, 1998
Appeal from the Supreme Court, Kings County (Clemente, J.).
Ordered that the order is reversed, as a matter of discretion, with costs, and the motion is granted, and the complaint is dismissed.
The Supreme Court improvidently exercised its discretion in denying the defendants' motion to dismiss the complaint pursuant to CPLR 3216 ( see, Baczkowski v. Collins Constr. Co., 89 N.Y.2d 499). The explanation of the plaintiffs' counsel that the delay in prosecuting the action was due to the transfer of the case file from trial counsel to his office, without further explanation, was unacceptable ( see, Robinson v. New York City Tr. Auth., 203 A.D.2d 351; Swedish v. Bourie, 233 A.D.2d 495, 496; Van Kleeck v. Horton Mem. Hosp., 251 A.D.2d 494; Sarles v. Village of Tarrytown, 245 A.D.2d 440). Also, the plaintiffs failed to demonstrate a meritorious cause of action, as the police accident report submitted in opposition to the motion was not in admissible form ( see, DeLisa v. Pettinato, 189 A.D.2d 988).
Bracken, J. P., Copertino, Santucci and Altman, JJ., concur.