Motion to Dismiss for Failure to Prosecute in New York State Supreme Court | Practical Law
A Practice Note describing the procedures for a motion to dismiss for failure to prosecute under Civil Practice Law and Rules (CPLR) 3216. This Note sets out the prerequisites for a motion to dismiss, the requirements for the plaintiff's response, and the effect of a dismissal under CPLR 3216. This note does not address motions to dismiss for other types of litigation failures.