Gilbert v. Bennett

OPINION OF THE COURT

Edmund A. Calvaruso, J.

The issue before the court is whether a new attorney who has been hired, but not formally substituted as counsel, can file a note of issue to defeat a 90-day demand to prosecute *724under CPLR 3216. For the reasons cited below, this Bench holds it can.

This action involves a personal injuries claim resulting from a car crash. Plaintiff pleads defendant "negligently collided” with his vehicle while on Lake Avenue in the City of Rochester "waiting for traffic.”

Defendant moves for final dismissal citing CPLR 3216 — want of prosecution. Plaintiffs former and…