Legal Opinion
Guerrier v. 50 Pine Inc.
Civil Court of the City of New York
Decided December 20, 1974Published
1Opinion of the CourtStanley P. Danzig, J.
The defendant moves to dismiss the complaint for delay in prosecution pursuant to CPLR 3216.
The defendant followed the 45-day demand procedure of CPLR 3216 and bases its motion on plaintiff’s failure to *983comply therewith by filing a note of issue within 45 days. There has been a 30-month delay in prosecution since issue was joined and the action has not yet been placed upon the calendar.
The purpose of CPLR 3216 is to forgive all past delay, however long, if the note of issue is filed within 45 days after receipt by plaintiff of the demand to file. (Giancone v City of New York, 29 AD2d 756.)
The…
2Cases cited8 opinions
- Sortino v. FisherAppellate Division of the Supreme Court of the State of New York · 1963
- Moran v. RynarAppellate Division of the Supreme Court of the State of New York · 1972
- Springer v. MarangioAppellate Division of the Supreme Court of the State of New York · 1972
- Zatorski v. KleinAppellate Division of the Supreme Court of the State of New York · 1960
- Urban v. MaloneyAppellate Division of the Supreme Court of the State of New York · 1972
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