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Daily Archives: Tuesday, April 30, 2019

Posted: April 30, 2019

Court Should Not Have Sua Sponte Dismissed Action for Want of Prosecution

On April 10, 2019, the Second Department issued a decision in┬áMarinello v. Marinello, 2019 NY Slip Op. 02697, holding that trial court should not have sua sponte dismissed an action for want of prosecution, explaining: The Supreme Court should not have, in effect, pursuant to CPLR 3216, sua sponte, dismissed the amended complaint, as the... Read more »