Thursday, March 17, 2016

Motions to dismiss for failure to prosecute.

Practice point:  The Appellate Division reversed and denied the individual defendant's motion, finding that plaintiff's failure to file a note of issue within 90 days of the CPLR 3216 demand was the result of defendant's non-compliance with the notices to take its employee's deposition and for an inspection of its premises.

Student note:  The corporate defendant's cross motion to dismiss was denied, as it did not serve its own 90-day notice.

Case:  Walker v. Gibbons, NY Slip Op 01590 (1st Dep't 2016)

Here is the decision.

Tomorrow's issue:  A cause of action for defamation.