Practice point: A court's power to dismiss an action, sua sponte, is to be used sparingly and only when extraordinary circumstances exist to warrant dismissal.
Application: There were no extraordinary circumstances warranting dismissal of the complaint with prejudice. The plaintiff's failure to comply with the directive in the status conference order was not a sufficient ground upon which to direct dismissal of the complaint.
Deutsche Natl. Bank Trust Co. vs. Mohamed, NY Slip Op 05516 (2d Dep't September 30, 2026)
