CPLR 3216

The Second Department denied defendant's motion to dismiss for want of prosecution, in Anonymous v. Duane Reade, decided on March 4, 2008, even though plaintiff admittedly failed to serve a note of issue by the court-ordered deadline. The court noted that the parties had barely begun discovery proceedings, and that a motion and cross motion to compel discovery were pending at the deadline for the service and filing of the note of issue.

New York practice point: CPLR 3216 is extremely forgiving in that it never requires, but merely permits, the dismissal of an action based on the plaintiff's unreasonable neglect to proceed.