Chen v. Lockett
This text of 2021 NY Slip Op 02447 (Chen v. Lockett) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
| Chen v Lockett |
| 2021 NY Slip Op 02447 |
| Decided on April 22, 2021 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided and Entered: April 22, 2021
Before: Acosta, P.J., Renwick, Singh, Moulton, JJ.
Index No. 156947/19 Appeal No. 13652 Case No. 2020-01864
v
Anita Lockett, Defendant-Respondent.
Napoli Shkolnik PLLC, Melville (Nicholas R. Farnolo of counsel), for appellant.
Law Office of Thomas Torto, New York (Thomas Torto of counsel), for respondent.
Order, Supreme Court, New York County (Adam Silvera, J.), entered February 6, 2020, which granted defendant's motion to dismiss the complaint, unanimously affirmed, without costs.
The action is not saved by CPLR 205(a), since plaintiff's prior action was dismissed for "neglect to prosecute" within the meaning of that section (see Francis Elfort Realty Corp. , 267 AD2d 120, 120 [1st Dept 1999]). Moreover, Supreme Court set
forth on the record plaintiff's specific conduct constituting neglect, which demonstrated a general pattern of delay in proceeding with the litigation.THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: April 22, 2021
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Cite This Page — Counsel Stack
2021 NY Slip Op 02447, 142 N.Y.S.3d 805, 193 A.D.3d 563, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chen-v-lockett-nyappdiv-2021.