Appellate Division of the Supreme Court of the State of New York August 21, 1986 (Rodriguez v. Middle Atlantic Auto Leasing, Inc.)

Carro and Wallach, JJ.,

dissent in a memorandum by Wallach, J., as follows: Preliminarily, it should be noted that neither the date of the accident nor the date on which the action was commenced (the action was commenced in 1977 for personal injuries sustained by the infant plaintiff in 1968) is of any significance in deciding whether the action should be deemed abandoned and dismissed pursuant