Keating v. Smith

In the light of the recent enactment of rule 3216 of the Civil Practice Law and Rules, we deem it advisable to direct attention to our present requirements with respect to motions to dismiss a complaint for unreasonable neglect in the prosecution of an action.

On such a motion the plaintiff is required to show: (1) a reasonable excuse or justification for the delay; and (2) that the cause of action has merit. A mere recital of the conclusory allegations of the complaint or the unsupported conclusion that merit exists will not suffice. Neither will an affidavit of merits, which is made by an…