Kasiuba v. New York Times Co.

The defendant moves to dismiss this libel action pursuant to the first paragraph of CPLR 3216 because of plaintiff’s general delay in prosecuting the action. The application is made almost 8 months after plaintiff filed her note of issue.

The defendant stresses that four years and four months elapsed between the time that pretrial disclosure proceedings were completed and the time plaintiff served a note of issue and that the filing of the note of issue does not cancel out the delay. It is urged that the case of Commercial Credit Corp. v. Lafayette Lincoln-Mercury (17 N Y 2d 367) is…