GONZALEZ v. FRED DEUTSCH CO., INC

It was sufficient reason in and of itself to strike defendants' 90-day notice that defendants moved for additional disclosure after such notice was served (see, Gibson v D'Avanzo, 99 A.D.2d 766). In any event, contrary to defendants' contention, plaintiff had not neglected prosecution of this action such as to warrant dismissal pursuant to CPLR 3216. Plaintiff also made a sufficient showing that she should be allowed an unfettered inspection of the elevator, and at oral argument plaintiff's counsel consented to inspecting the elevator on the fifteenth floor and the second floor entrance by ladder from below.

Concur — Murphy, P.J., Sullivan, Carro and Kupferman, JJ.