Opinion
December 13, 1993
Appeal from the Supreme Court, Richmond County (Sangiorgio, J.).
Ordered that the order is affirmed, with costs.
The Supreme Court did not improvidently exercise its discretion in denying the plaintiffs' motion to strike the action from the trial calendar. The motion was made more than three years after the plaintiffs had filed a note of issue and a certificate of readiness, and more than 9 1/2 years after they had commenced this action. Thus, the record demonstrates that the plaintiffs had ample opportunity to conduct discovery (see, Tilden Fin. Corp. v Muffoletto, 161 A.D.2d 583).
Further, the court did not improvidently exercise its discretion in refusing to allow the plaintiffs to conduct additional pretrial proceedings (see, Blankenship v Schwartz, 127 A.D.2d 624). Bracken, J.P., Balletta, Eiber, O'Brien and Pizzuto, JJ., concur.