XUE CHEN v. LOCKETT

Index No. 156947/19. Appeal No. 13652. Case No. 2020-01864.

193 A.D.3d 563 (2021)

142 N.Y.S.3d 805

2021 NY Slip Op 02447

Xue Chen, Appellant, v. Anita Lockett, Respondent.

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

Decided April 22, 2021.


Attorney(s) appearing for the Case

Napoli Shkolnik PLLC, Melville ( Nicholas R. Farnolo of counsel), for appellant.

Law Office of Thomas Torto, New York ( Thomas Torto of counsel), for respondent.

Concur—Acosta, P.J., Renwick, Singh, Moulton, JJ.


The action is not saved by CPLR 205(a), since plaintiff's prior action was dismissed for "neglect to prosecute" within the meaning of that section (see Francis v Elfort Realty Corp., 267 A.D.2d 120, 120 [1st Dept 1999]). Moreover, Supreme Court set forth on the record plaintiff's specific conduct constituting neglect, which demonstrated a general pattern of delay in proceeding with the...

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