Walker v. City of New York

*735Contrary to the plaintiffs’ contentions, the Supreme Court providently exercised its discretion in denying their motion, inter alia, to vacate the dismissal of the action pursuant to CPLR 3216 on January 31, 2006, after the service by the defendants upon the plaintiffs in March 2005 of separate 90-day notices to resume prosecution, one of which was filed with the Supreme Court.

Pursuant to CPLR 3216 (e), the Supreme Court, on its own initiative, following the service of a 90-day notice to resume prosecution, can dismiss an action unless the party upon whom the resumption of prosecution was…