In an action for an accounting on an alleged joint venture and to recover damages, plaintiff appeals from an order of the Supreme Court, Queens County, dated October 5, 1966, which (1) granted defendants' motion to dismiss her complaint, pursuant to CPLR 3216, for unreasonable neglect to proceed in the action and (2) denied her cross motion to strike out defendants' answer. Order modified by (1) striking out the first and third decretal paragraphs thereof, which granted defendants' motion and directed the entry of judgment against plaintiff and (2) substituting therefor a provision denying that motion. As so modified, order affirmed, with $10 costs and disbursements to appellant. On this record, we believe it was an improvident exercise of discretion to dismiss the complaint without a previous demand by defendants, pursuant to CPLR 3216, that plaintiff serve and file a note of issue. There is no persuasive showing by defendants that the delay was excessive, that prosecution of the action was abandoned, or that the delay was prejudicial to them. Moreover, the Statute of Limitations has run and dismissal of the action at this time would result in plaintiff's loss of whatever right of action she may have. Christ, Acting P.J., Rabin, Hopkins, Benjamin and Munder, JJ., concur.