Stonehill Publishing, Inc. v. Clancy-Cullen Storage Co.

—Order, Supreme Court, New York County (Ira Gammerman, J.), entered May 2, 1997, which denied plaintiffs’ motion to vacate the court’s sua sponte dismissal of the action, unanimously reversed, on the law, without costs, the dismissal vacated, the action reinstated, and the matter remanded for further proceedings.

The trial court improperly invoked the “inherent powers” doctrine to sua sponte dismiss the instant action. The procedural facts of the action at bar do not present the rare instance where it is appropriate for the trial court to invoke its inherent power to dismiss an action for the…