CPLR 205(a) states, "If an action is timely commenced and is terminated in any other manner than by a voluntary discontinuance, a failure to obtain personal jurisdiction over the defendant, a dismissal of the complaint for neglect to prosecute the action, or a final judgment on the merits, the plaintiff . . . may commence a new action upon the same transaction or occurrence or series of transactions or occurrences within six months after the termination . . . . Where a dismissal is one for neglect to prosecute the action made pursuant to [CPLR 3216] or otherwise, the judge shall set forth on the record the specific conduct constituting the neglect, which conduct shall demonstrate a general pattern of delay."
An action that was dismissed for neglect does not lose the benefit of CPLR 205(a)'s six-month recommencement period unless there is a general pattern of delay in proceeding with the litigation. If the prior dismissal was based on neglect of a lesser magnitude, the plaintiff can take advantage of CPLR 205(a)'s recommencement benefit. In addition, the'general pattern of delay must have been set forth in the record of the court in which the neglect-to-prosecute dismissal occurred.
U.S. Bank Natl. Assn. v. Fox, NY Slip Op 00046 (1st Dep't January 5, 2023
