Delgado v. New York City Housing Authority
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Ruditzky, J.), dated September 10, 2004, which granted the plaintiffs motion, in effect, to vacate the dismissal of the action pursuant to CPLR 3216, to restore the action to the calendar, and for leave to file a note of issue, and denied its cross motion pursuant to CPLR 3216 to dismiss the action.
Ordered that the order is affirmed, with costs.
A court may not dismiss an action based on neglect to prosecute unless the CPLR 3216 statutory preconditions to dismissal are…
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- Baczkowski v. D.A. Collins Construction Co.New York Court of Appeals · 1997
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