Pursuant to CPLR 3216, a court, on its own initiative and with notice to the parties, may dismiss a party's pleading when that party unreasonably neglects to proceed in an action. Here, dismissal was not appropriate, as issue had not been joined and the court failed to give notice to the plaintiff to resume prosecution at least 90 days prior to directing dismissal, as required by CPLR 3216[b)(1), (3).
Bankunited v. Kaur, NY Slip Op 04944 (2d Dep't August 17, 2022)
