We have held that CPLR 3216 (as amd. by L. 1967, ch. 770, eff. Sept. 1, 1967), shall be applied to all appeals reaching us after that effective date. Therefore defendants should have given the 45-day notice required by the statute, as amended, as a condition precedent to the motion for dismissal. No such notice was served by them. Moreover, on this record there was no persuasive showing by defendants that the delay was excessive or inexcusable, that prosecution of the action...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.