Relates to dismissal of pleadings for unreasonable neglect to prosecute

BILL NUMBER:S5416

Title of bill

An act to amend the civil practice law and rules, in relation to dismissal of pleadings for unreasonable neglect to prosecute

Purpose

This bill relates to dismissal of pleadings for unreasonable neglect to prosecute.

Summary of provisions

Section 1- Amends paragraph 3 of subdivision (b) of rule 3216 of the civil practice law and rules, as amended by chapter 4 of the laws of 1978.

Section 2 - Effective date

Justification

Certain trial courts have utilized CPLR 3216 as a device to ensure that civil actions are calendared within the deadlines set forth in the Differentiated Case Management ("D.C.M.") Rules, 202 N.Y.C.R.R. 202.19(b)(2). This is accomplished by service by the trial court, at a Compliance Conference generally held ninety days prior to the deadline set forth for completion of disclosure within the D.C.M. guidelines, of a written notice directing that note of issue be filed by the plaintiff within ninety days and further directing that the failure to file the note of issue may lead to dismissal of the plaintiff's case, without further notice.

This use of CPLR 3216 is one that was never intended by the drafters of the statute, and it is a poor device and method to compel completion of disclosure within the D.C.M. deadlines since the only penalty for non-compliance, dismissal of the plaintiff's complaint, falls solely on plaintiffs and does nothing to address neglectful conduct on the part of defendants.

Legislative history

New Bill

Fiscal implications

None

Effective date

This act shall take effect on the thirtieth day after it shall become law