Armouth-Levy v. New York City

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Velasquez, J.), dated April 20, 2011, which granted the defendant’s motion to dismiss the complaint for failure to prosecute.

Ordered that the order is reversed, on the law, with costs, and the defendant’s motion to dismiss the complaint for failure to prosecute is denied.

*454The defendant’s motion to dismiss the complaint based on the inordinate and prejudicial delay in prosecuting the action should have been denied. CPLR 3216 permits a court to dismiss an action for…