A court may not dismiss an action based on neglect to prosecute unless the CPLR 3216 statutory preconditions to dismissal are met. Pursuant to CPLR 3216(b), an action cannot be dismissed pursuant to CPLR 3216(a) unless a written demand is served upon the party against whom such relief is sought in accordance with the statutory requirements, along with a statement that non-compliance within 90 days will serve as a basis for a motion to dismiss. The statute also requires that where a written demand to resume prosecution of the action is made by the court, the demand shall set forth specific conduct demonstrating a pattern of delay in proceeding with the litigation.
Avanza Group, LLC v. Bugz Innovations, LLC, NY Slip Op 05068 (2d Dep't August 26, 2026)
