New York Court of Appeals
Cheryl Andrea v. Arnone, Hedin, Casker, Kennedy and Drake, Architects and Landscape Architects, P.C. (Habiterra…
October 27, 20055 N.Y.3d 514
Summary
The Court affirmed the Appellate Division's dismissal of the plaintiffs' actions, holding that the prior dismissals for failure to comply with discovery orders constitute dismissals "for neglect to prosecute" under CPLR 205(a). Because the earlier actions were dismissed for neglect to prosecute, the new actions filed after the statute of limitations expired are not saved by CPLR 205(a) and are therefore time‑barred.