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DELGADO v. NEW YORK CITY HOUSING AUTHORITY

21 A.D.3d 522 (2005)

801 N.Y.S.2d 43

ANNA DELGADO, Respondent, v. NEW YORK CITY HOUSING AUTHORITY, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

August 22, 2005.

Ordered that the order is affirmed, with costs.

A court may not dismiss an action based on neglect to prosecute unless the CPLR 3216 statutory preconditions to dismissal are met (see Baczkowski v. Collins Constr. Co., 89 N.Y.2d 499, 502-503 [1997]; Akpinar v. John Hancock Mut. Life Ins. Co., 302 A.D.2d 337 [2003]; Murray v. Smith Corp., 296 A.D.2d 445

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