Docteur v. Interfaith Medical Center
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*815Contrary to the defendant’s contention, dismissal of the complaint based on the plaintiff’s inordinate and prejudicial delay in prosecuting the action was unavailable in this case. 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.…
2Cases cited10 opinions
- Kihl v. PfefferNew York Court of Appeals · 1999
- Chase v. ScavuzzoNew York Court of Appeals · 1995
- Cohn v. Borchard AffiliationsNew York Court of Appeals · 1969
- Airmont Homes, Inc. v. Town of RamapoNew York Court of Appeals · 1987
- Maspeth Federal Savings & Loan Ass'n v. Simon-ErdanAppellate Division of the Supreme Court of the State of New York · 2009
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3Cited by16 opinions
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- Arroyo v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2013
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