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BANKUNITED v. KHEYFETS

2015-06963. Index No. 13083/10.

150 A.D.3d 948 (2017)

57 N.Y.S.3d 159

2017 NY Slip Op 03923

BANKUNITED, as Assignee of the FDIC, as Receiver for BankUnited, FSB, Plaintiff, v. LEV KHEYFETS et al., Appellants, et al., Defendants. CHRISTIANA TRUST, a Division of WILMINGTON SAVINGS FUND SOCIETY, FSB, as Trustee for STANWICH MORTGAGE LOAN TRUST, SERIES 2012-19, Nonparty Respondent.

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

Decided May 17, 2017.

Ordered that the order dated May 7, 2015, is affirmed, with costs.

CPLR 3216 permits a court, on its own initiative, to dismiss an action for want of prosecution where certain conditions precedent have been complied with. As relevant here, one precondition is that the court must serve the plaintiff with a written demand to serve and file a note of issue within 90 days after receipt of the demand (see CPLR 3216 [b] [3]; Cadichon v Facelle,

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