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WESTERN UNION N. AM. v. CHANG

2018-12335, Index No. 700334/16.

176 A.D.3d 1138 (2019)

108 N.Y.S.3d 868

2019 NY Slip Op 07637

Western Union North America, Respondent, v. Eun Hee A. Chang et al., Defendants, and Ming Hua Tarallo, Appellant.

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

Decided October 23, 2019.

Attorney(s) appearing for the Case

Christopher Riley , White Plains, NY, for appellant.

David J. Finkler , New York, NY, for respondent.

Rivera, J.P., Hinds-Radix, LaSalle and Iannacci, JJ., concur.

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" (Davis v Goodsell, 6 A.D.3d 382, 382-383 [2004] [internal quotation marks omitted]; see CPLR 3216[a], [e]; Di Simone v Good Samaritan Hosp...

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