DIAZ v. YUAN


28 A.D.3d 603 (2006)

814 N.Y.S.2d 204

CHERYLANN DIAZ et al., Respondents, v. LILY YUAN et al., Appellants.

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

April 18, 2006.


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

"CPLR 3216 is, by its terms `extremely forgiving' 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 . . . While the statute prohibits the Supreme Court from dismissing an action based on neglect to proceed whenever the plaintiff has shown a justifiable excuse for his or her delay, and a...

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