Opinion
570241/03.
Decided April 8, 2004.
Plaintiffs appeal from an order of the Civil Court, New York County, entered October 1, 2002 (Eileen A. Rakower, J.) which granted that portion of defendant's motion which was for leave to renew a prior motion to dismiss the action and, upon renewal, granted defendant's dismissal motion.
PRESENT: HON. LUCINDO SUAREZ, P.J., HON. WILLIAM J. DAVIS, HON. MARTIN SCHOENFELD, Justices.
Order entered October 1, 2002 (Eileen A. Rakower, J.) affirmed, with $10 costs.
We sustain the grant of defendant's renewed motion to dismiss this long dormant medical malpractice action, where the plaintiffs' unexplained and "extraordinary history of delay" ( 194 Misc 2d 126, 132) has resulted in the case twice being marked off the Civil Court calendar and where plaintiffs failed to make the requisite showing of "exceptional circumstances" to avoid the mandatory dismissal provisions of the governing court rule ( 22 NYCRR 208.14[d]; see, Centennial Restorations Co. v. Wyatt, 248 AD2d 193; cf. Pena v. Triboro Coach Corp., 2003 WL 22399637, decided Sept. 3, 2003 [App Term, 2nd Dept]). As the motion court appropriately recognized, "[p]laintiffs should not be permitted to 'indefinitely repeat [their] request to mark off and restore the case, with no real intent to prosecute the case,' especially now when they have failed to demonstrate their present readiness to the court at this juncture." ( 194 Misc 2d at 134, quoting Centennial Restorations v. Wyatt, 248 AD2d at 196.)
This constitutes the decision and order of the court.