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LABARCA ZITO v. EDWARD JASTREMSKI, D.D.S.

35 A.D.3d 458 (2006)

825 N.Y.S.2d 255

DENICE LABARCA ZITO, Respondent, v. EDWARD JASTREMSKI, D.D.S., et al., Appellants, et al., Defendant.

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

Decided December 5, 2006.

Ordered that the order is affirmed insofar as appealed from, with costs.

CPLR 3216 is "extremely forgiving" (Baczkowski v Collins Constr. Co., 89 N.Y.2d 499, 503 [1997]) in that it "never requires, but merely authorizes, the Supreme Court to dismiss a plaintiff's action based on the plaintiff's unreasonable neglect to proceed" (Davis v Goodsell, 6 A.D.3d 382, 383 [2004]; see<...

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