Practice point:
While the failure to comply with
a court order to file a note of issue may provide the basis for dismissal under CPLR
3216, courts may not dismiss an action based on neglect to
prosecute unless the statutory preconditions to dismissal are met.
Student note: A 90-day demand to
file a note of issue is one of the statutory preconditions, pursuant to CPLR
3216[b][3].
Case: Alii v. Baijnath, NY Slip
Op 08469 (2d Dept. 2012).
Here is the decision.
Monday’s issue: Cross motions for
summary judgment.
