Practice point: A complaint may not be dismissed for failure to prosecute when plaintiff has shown a justifiable excuse for the delay and a meritorious cause of action, pursuant to CPLR 3216[e].
Practitioners should note that plaintiff may avoid dismissal even absent this dual showing.
Case: Ferrera v. Esposit, NY Slip Op 07224 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Employment Law.
