August 23, 2018

A court's sua ponte dismissal.

A court's power to dismiss a complaint, sua sponte, is to be used sparingly and only when extraordinary circumstances exist to warrant dismissal. In the absence of a jurisdictional defect, sua sponte dismissal is not warranted.

Countrywide Home Loans, Inc. v. Campbell, NY Slip Op 05749 (2d Dep't August 15, 2018)

Here is the decision.