Advisory Panel Recommends Change in CPLR Dismissal Rule

, New York Law Journal

   |1 Comments

An advisory committee has proposed that courts be prevented from including a CPLR 3216 warning in a preliminary conference order after noting that many judges are giving a dismissal warning before there is actual evidence of neglect.

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What's being said

  • A. Concerned Litigator

    No dismissal deadline should run from the date issue is joined. The RJI triggers court intervention, not a defendant's answer. There are situations where parties want to toll the statute of limitations by filing pleadings whilst they attempt to resolve their dispute outside of court. Why eliminate that avenue of dispute resolution by forcing a dismissal upon an arbitrary deadline? Similarly, parties are always free to conduct discovery for as long as they want without ever involving the court, Except in medical malpractice cases where a court rule imposes a deadline for filing a "Notice of Med Mal" (that largely useless, busy-work-intensive vestige from the bygone era of med mal review panels that no longer exist), there is no rule that sets a deadline for the filing of an RJI. Nor should there be.

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