Wasif v. Khan
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
CPLR 3216 permits a court to dismiss an action for want of prosecution only after the court or the defendant has served the plaintiff with a written notice demanding that the plaintiff resume prosecution of the action and serve and file a note of issue within 90 days after receipt of the demand, and also stating that the failure to comply with the demand will serve as the basis for a motion to dismiss the action. Since CPLR 3216 is a *1085legislative creation and not part of a court’s inherent power (see Airmont Homes v Town of Ramapo, 69 NY2d 901, 902 [1987]; Cohn v Borchard Affiliations, 25 NY2d…
2Cases cited9 opinions
- Cohn v. Borchard AffiliationsNew York Court of Appeals · 1969
- Airmont Homes, Inc. v. Town of RamapoNew York Court of Appeals · 1987
- Michaels v. Sunrise Building & Remodeling, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- O'Connell v. City Wide Auto Leasing, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Schuering v. StellaAppellate Division of the Supreme Court of the State of New York · 1997
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3Cited by12 opinions
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- Banik v. Evy RealtyAppellate Division of the Supreme Court of the State of New York · 2011
- JPMorgan Chase Bank, N.A. v. MehrniaAppellate Division of the Supreme Court of the State of New York · 2016
- Neary v. Tower InsuranceAppellate Division of the Supreme Court of the State of New York · 2012
- Arroyo v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2013
7 more not listed; retrieve them via the Exa API.