Practice point: CPLR 3216 permits dismissal for want of prosecution only after plaintiff has been served with written notice demanding a note of issue within 90 days, and also stating that failure to comply will result in a motion to dismiss.
Practitioners should note adherence to these statutory provisions is a condition precedent to dismissal.
Case: Itskov v. Menorah Home & Hosp. for the Aged & Infirm, NY Slip Op 08999 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Motion practice.
