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FERRERA v. ESPOSIT

2008-10408.

66 A.D.3d 637 (2009)

886 N.Y.S.2d 757

2009 NY Slip Op 7224

GINA FERRERA, Respondent, v. JEAN ESPOSIT et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided October 6, 2009.

Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court did not improvidently exercise its discretion in denying the appellants' motion pursuant to CPLR 3216 to dismiss the complaint insofar as asserted against them. CPLR 3216 is an "extremely forgiving" statute which "never requires, but merely authorizes, the Supreme Court to dismiss a plaintiff's action based on the plaintiff's unreasonable neglect to proceed" (Davis v Goodsell...

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