Jacqueline Hattar (Partner-White Plains) and Tyler Martin (Associate-White Plains) obtained full dismissal of a personal injury action on behalf of two Bronx homeowners in the New York State Supreme Court, Bronx County. The plaintiff claimed that he tripped and fell down an exterior staircase due to a defective condition at the residential building owned by the firm’s clients. The plaintiff alleged that the defendants violated several New York City Fire Code, Administrative Code and Building Code provisions. He claimed various injuries, including facial fractures, rib fractures, and neck and back injuries. During the course of the litigation, the plaintiff’s counsel verbally advised that the plaintiff had passed away, but did not seek to substitute an executor or administrator as a representative on behalf of the plaintiff’s estate. Jackie and Tyler served a written demand on the plaintiff’s counsel to resume prosecution within 90 days of the receipt of the demand. Thereafter, they moved to dismiss the plaintiff’s complaint for failure to prosecute pursuant to New York Civil Practice Law and Rules Section 3126. The court granted their motion, dismissing the action in its entirety.