The court may dismiss a complaint for want of prosecution after the plaintiff is served with a written notice to serve and file a note of issue within 90 days, and stating that noncompliance will serve as the basis for a motion to dismiss. If the plaintiff fails to comply, the court may grant the motion unless the plaintiff shows a justifiable excuse for the delay and a meritorious cause of action. The statute is extremely forgiving, in that it does not require, but merely authorizes, the court to dismiss an action based on the plaintiff's unreasonable neglect to proceed.
Bank of Am., N.A. v. Nicolosi, NY Slip Op 07435 (2d Dep't December 29, 2021)
