Legal Opinion
Diaz v. Yuan
Appellate Division of the Supreme Court of the State of New York
Decided April 18, 2006PublishedCited by 7 opinions
1Opinion of the Court
In an action to recover damages for medical malpractice, etc., the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Bucaria, J.), dated August 1, 2005, as denied that branch of their motion which was to dismiss the action pursuant to CPLR 3216 for failure to prosecute.
Ordered that the order is affirmed insofar as appealed from, with costs.
“CPLR 3216 is, by its terms ‘extremely forgiving’ in that it never requires, but merely authorizes, the Supreme Court to dismiss a plaintiffs action based on the plaintiffs unreasonable neglect to…
2Cases cited3 opinions
- Santiago v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2004
- Davis v. GoodsellAppellate Division of the Supreme Court of the State of New York · 2004
- Ferrara v. N.Y. & Atlantic Railway Co.Appellate Division of the Supreme Court of the State of New York · 2006
3Cited by7 opinions
- Kadyimov v. MackinnonAppellate Division of the Supreme Court of the State of New York · 2011
- Gordon v. RatnerAppellate Division of the Supreme Court of the State of New York · 2012
- Atterberry v. Serlin & SerlinAppellate Division of the Supreme Court of the State of New York · 2011
- Lubov v. WeliksonAppellate Division of the Supreme Court of the State of New York · 2007
- Klein v. MTA-Long Island BusAppellate Division of the Supreme Court of the State of New York · 2009
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