Strathearn v. Start Land & Development Co.
This text of 28 A.D.3d 1250 (Strathearn v. Start Land & Development Co.) 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
Appeal from an order of the Supreme Court, Livingston County (Ronald A. Cicoria, A.J.), entered April 7, 2005 in a personal injury action. The order denied defendants’ motion to dismiss the complaint for failure to prosecute.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: We conclude under the circumstances of this case that Supreme Court did not abuse its discretion in denying defendants’ motion pursuant to CPLR 3216 seeking dismissal of the complaint for failure to prosecute. “A court retains discretion to deny a motion to dismiss pursuant to CPLR 3216 even when a plaintiff fails to comply with the 90-day requirement and fails to demonstrate a justifiable excuse and a meritorious cause of action” (Rust v Turgeon, 295 AD2d 962, 963 [2002]). Present—Kehoe, J.P., Gorski, Martoche, Green and Hayes, JJ.
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Cite This Page — Counsel Stack
28 A.D.3d 1250, 812 N.Y.S.2d 916, Counsel Stack Legal Research, https://law.counselstack.com/opinion/strathearn-v-start-land-development-co-nyappdiv-2006.