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REGISTER v. KNW APARTMENTS, LLC

390, 302904/12.

137 A.D.3d 452 (2016)

25 N.Y.S.3d 874

2016 NY Slip Op 01561

JAMES L. REGISTER, Appellant, v. KNW APARTMENTS, LLC, et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 3, 2016.

During a conference between counsel and the trial court, the trial court improvidently exercised its discretion in dismissing plaintiff's case, given that plaintiff's counsel had not violated any court order and had not received any warning that his conduct might lead to dismissal. Sua sponte dismissal of a proceeding is warranted only where the record presents "extraordinary circumstances" (Thornton v New York City Bd./Dept. of Educ., 125 A.D.3d 444...

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