Practice point: CPLR 3216 authorizes, but does not require, dismissal of an action based on plaintiff's unreasonable neglect to proceed.
Practitioners should note that dismissal is prohibited if plaintiff shows a justifiable excuse for the delay and merit to the action.
Case: Espinoza v. 373-381 Park Ave. S., LLC, NY Slip Op 09288 (1st Dept. 2009)
The opinion is here.
Tomorrow’s issue: Motion practice.
