Legal Opinion
Gibson v. Fakheri
Appellate Division of the Supreme Court of the State of New York
Decided October 5, 2010PublishedCited by 6 opinions
1Opinion of the Court
In an action, inter alia, to recover damages for personal injuries, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Cohalan, J.), entered November 18, 2009, as denied that branch of his motion which was pursuant to CPLR 3216 to dismiss the complaint for failure to prosecute.
Ordered that order is affirmed insofar as appealed from, with costs.
CPLR 3216 is an “extremely forgiving” statute (Baczkowski v Collins Constr. Co., 89 NY2d 499, 503 [1997]), which “never requires, but merely authorizes, the Supreme Court to dismiss a…
2Cases cited3 opinions
- Baczkowski v. D.A. Collins Construction Co.New York Court of Appeals · 1997
- Davis v. GoodsellAppellate Division of the Supreme Court of the State of New York · 2004
- Zito v. JastremskiAppellate Division of the Supreme Court of the State of New York · 2006
3Cited by6 opinions
- Atterberry v. Serlin & SerlinAppellate Division of the Supreme Court of the State of New York · 2011
- Lauri v. Freeport Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2010
- Ramon v. ZangariAppellate Division of the Supreme Court of the State of New York · 2014
- Disla v. El Potrero Sport Bar, Inc.Appellate Division of the Supreme Court of the State of New York · 2024
- Pursoo v. Ngala-ElNew York Supreme Court · 2012
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