Practice point: The court cannot dismiss a complaint for failure to prosecute if plaintiff has shown a justifiable excuse for the delay and a potentially meritorious cause of action, pursuant to CPLR 3216.
Students should note that plaintiff might avoid dismissal even without this dual showing.
Case: Gibson v. Fakheri, NY Slip Op 07141 (2d Dept. 2010)
Here is the decision.
Tomorrow's issue: Ethics.
