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JONES v. MAPHEY

50 N.Y.2d 971 (1980)

Barry F. Jones, an Infant, by His Father and Natural Guardian, Michael J. Jones, et al., Respondents-Appellants, v. Phillip A. Maphey, Sr., et al., Appellants-Respondents.

Court of Appeals of the State of New York.

Decided June 26, 1980.

Attorney(s) appearing for the Case

Robert B. Shaad for respondents-appellants.

Kim H. Martusewicz and Michael D. Saunders for appellants-respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and plaintiffs' cross appeal should be dismissed.

CPLR 3216 (subd [a]) authorizes a court to dismiss a complaint "on the merits" when it finds that a party has unreasonably neglected to prosecute his claim. Contrary to the view expressed by the Appellate Division in this case, there is no requirement that the dismissing court in all cases...

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