Viola Cohn v. Borchard Affiliations, Respondent Blankenship, Gruneau and Ostberg, Inc. v. NTA Telestudios, Ltd.

Summary

The New York Court of Appeals held that CPLR 3216's 45‑day demand requirement is a constitutional exercise of the Legislature's power to regulate court procedure, and therefore the motions to dismiss the complaints were improper and reversed. The court emphasized the historical legislative origin of dismissal powers and rejected the Appellate Division's view that the statute infringed inherent judicial authority.