Legal Opinion
Jones v. Maphey
New York Court of Appeals
Decided June 26, 1980PublishedCited by 9 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, with costs, and plaintiffs’ cross appeal should be dismissed.
CPLR 3216 (subd [a]) authorizes a court to dismiss a complaint "on the merits” when it. finds that a party has unreasonably neglected to prosecute his claim. Contrary to the view expressed by the Appellate Division in this case, there is no requirement that the dismissing court in all cases consider *973the evidentiary support for the claim before determining whether the dismissal should be "on the merits”, nor that the motion papers explicitly so…
2Cases cited4 opinions
- Herpe v. . HerpeNew York Court of Appeals · 1919
- Patron v. PatronNew York Court of Appeals · 1976
- Headley v. NotoNew York Court of Appeals · 1968
- Horan v. Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 1967
3Cited by9 opinions
- Juracka v. FerraraAppellate Division of the Supreme Court of the State of New York · 1988
- Stacey O. v. Donald P.Appellate Division of the Supreme Court of the State of New York · 1988
- Holley v. Mandate Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1986
- Persaud v. GoriahNew York Supreme Court · 1989
- Art Guild Gallery, Inc. v. CharmackAppellate Division of the Supreme Court of the State of New York · 1985
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