August 8, 2022

Failure to prosecute.

Courts have no authority to dismiss an action for failure to prosecute, whether on the ground of general delay or for failure to serve and file a note of issue, unless there has first been served a 90-day notice, pursuant to CPLR 3216[b][3].

Cooper v. Mt. Sinai Hosp., NY Slip Op 04787 (2d Dep't August 3, 2022)

Here is the decision.