Copeland v. Suffolk County

Summary

The Appellate Division, Second Department affirmed an order dismissing the plaintiff's complaint against Suffolk County for failure to prosecute under CPLR 3216. The court held that, after receiving a 90-day demand, the plaintiff failed to file a note of issue or seek relief before the deadline and did not establish a justifiable excuse for the delay or a good and meritorious cause of action.

Holdings

1. A court may dismiss an action for neglect to prosecute only after the statutory preconditions of CPLR 3216 are satisfied; once the plaintiff received the 90-day demand, the plaintiff was required either to file a note of issue or, before the default date, move to vacate the demand or extend the 90-day period.
2. A plaintiff seeking to avoid dismissal under CPLR 3216(e) after failing to comply with a 90-day demand must demonstrate both a justifiable excuse for the delay and a good and meritorious cause of action.

Questions Presented

1. Whether the Supreme Court properly dismissed the complaint against Suffolk County for failure to prosecute under CPLR 3216.
2. Whether, after failing to comply with the 90-day demand or timely move to vacate or extend it, the plaintiff demonstrated a justifiable excuse for the delay and a good and meritorious cause of action sufficient to avoid dismissal.

Disposition

affirmed