Practice point: CPLR 3216 allows, but does not require, dismissal of an action based on plaintiff's unreasonable neglect to proceed.
Practitioners should note that the statute prohibits dismissal when plaintiff has shown a justifiable excuse for the delay and a meritorious cause of action.
Case: Klein v. MTA Long Is. Bus, NY Slip Op 02974 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Torts.
