Legal Opinion

Wasif v. Khan

Appellate Division of the Supreme Court of the State of New York

Decided March 22, 2011PublishedCited by 12 opinions

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

  1. Cohn v. Borchard AffiliationsNew York Court of Appeals · 1969
  2. Airmont Homes, Inc. v. Town of RamapoNew York Court of Appeals · 1987
  3. Michaels v. Sunrise Building & Remodeling, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
  4. O'Connell v. City Wide Auto Leasing, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
  5. Schuering v. StellaAppellate Division of the Supreme Court of the State of New York · 1997

4 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Docteur v. Interfaith Medical CenterAppellate Division of the Supreme Court of the State of New York · 2011
  2. Banik v. Evy RealtyAppellate Division of the Supreme Court of the State of New York · 2011
  3. JPMorgan Chase Bank, N.A. v. MehrniaAppellate Division of the Supreme Court of the State of New York · 2016
  4. Neary v. Tower InsuranceAppellate Division of the Supreme Court of the State of New York · 2012
  5. 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.

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