October 7, 2026

Sua sponte dismissal

Practice point:  A court's power to dismiss an action, sua sponte, is to be used sparingly and only when extraordinary circumstances warrant dismissal.

Application:  The plaintiff's failure to comply with the directive in the status conference order did not warrant dismissal of the complaint.

Deutsche Natl. Bank Trust Co. vs. Mohamed, NY Slip Op 05516 (2d Dep't September 30, 2026)

Here is the decision.