Practice point: An action may be dismissed for a delay in its prosecution, pursuant to CPLR 3216[a].
Practitioners should note that, for such a dismissal, there are three requirements: (1) issue must have been joined, (2) one year must have elapsed following joinder, and (3) there must have been a written demand served by registered or certified mail requiring that a note of issue be served and filed within ninety days, pursuant to CPLR 3216[b].
Case: Michaels v. Sunrise Bldg. & Remodeling, Inc., NY Slip Op 06411 (2d Dept. 2009)
The opinion is here.
Monday’s issue: Torts.
