Cohn v. Borchard Affiliations

Chief Judge Fuld.

In the two cases before us, the defendants-respondents challenge the constitutionality of CPLR 3216, as enacted in 1967 (L. 1967, ch. 770, eff. Sept. 1, 1967), on the ground that the legislation deprived the court of its inherent power to control or regulate its own calendar. The new statute provides, among other things, that a defendant, before moving to dismiss the complaint for failure or neglect to prosecute the action, must serve upon the plaintiff ‘ ‘ a written demand ** * requiring [him] * * * to serve and file a note of issue within forty-five days after receipt of…