Janique Palomini, respondent, v. Eileen Puglisi, et al., appellants, et al., defendant. (2012)

Supreme Court, Appellate Division, Second Department, New York.

Janique Palomini, respondent, v. Eileen Puglisi, et al., appellants, et al., defendant.

2011–02192 (Index No. 16056 /06)

Decided: January 17, 2012

REINALDO E. RIVERA, J.P. ANITA R. FLORIO RANDALL T. ENG L. PRISCILLA HALL JEFFREY A. COHEN, JJ.

Mulholland, Minion, Duffy, Davey, McNiff & Beyrer, Williston Park, N.Y. (Robert A. Seeman of counsel), for appellants. Dell, Little, Trovato & Vecere, LLP, Bohemia, N.Y. (Keri A. Wehrheim of counsel), for respondent.

Submitted—November 16, 2011

DECISION & ORDER

In an action, inter alia, to recover damages for intentional infliction of emotional distress, assault and battery, and negligence, the defendants Eileen Puglisi, William Murphy, and the Roman Catholic Diocese of Rockville Centre appeal from an order of the Supreme Court, Nassau County (Lally, J.), entered January 26, 2011, which denied their motion pursuant to CPLR 3216 to dismiss the complaint insofar as asserted against them for failure to prosecute.

ORDERED that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the appellants' motion pursuant to CPLR 3216 to dismiss the complaint as the plaintiff demonstrated a justifiable excuse for her delay in filing a note of issue, as well as the existence of a potentially meritorious cause of action (see Baczkowski v. Collins Constr. Co., 89 N.Y.2d 499, 503; Kadyimov v. Mackinnon, 82 AD3d 938).

RIVERA, J.P., FLORIO, ENG, HALL and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

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