Opinion
Argued April 21, 1980
Decided May 29, 1980
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, THEODORE VELSOR, J.
Arthur N. Seiff and John J. Tullman for appellant.
Joseph M. Costello and Michael Weinberger for respondent.
MEMORANDUM.
In affirming the order of the Appellate Division for the reasons stated in the memorandum at the Appellate Division, we note in particular its conclusion that, in essence, the dismissal of plaintiff's action following protracted and repeated delays was for neglect to prosecute (see Flans v Federal Ins. Co., 43 N.Y.2d 881). Moreover, in contrast to Schuman v Hertz Corp. ( 17 N.Y.2d 604), here the Justice presiding at Trial Term did not manifest an expectation that the suit would be able to be brought anew under CPLR 205 (subd [a]).
Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.
Order affirmed, with costs, in a memorandum.