Troche v. Lieberman

CPLR 3216 permits a court to dismiss an action for neglect to prosecute only after the court or the defendant has served the plaintiff with a written notice demanding that the plaintiff file a note of issue within 90 days after receipt of the demand, and advising that the failure to comply with the demand will serve as a basis for a motion to dismiss the action (see CPLR 3216 [b] [3]; Harrison v Good Samaritan Hosp. Med. Ctr., 43 AD3d 996 [2007]). “Since CPLR 3216 is a legislative creation and not part of a court’s inherent power, the failure to serve a written notice that conforms to the…