Opinion
13652 Index No. 156947/19 Case No. 2020-01864
04-22-2021
XUE CHEN, Plaintiff–Appellant, v. Anita LOCKETT, Defendant–Respondent.
Napoli Shkolnik PLLC, Melville (Nicholas R. Farnolo of counsel), for appellant. Law Office of Thomas Torto, New York (Thomas Torto of counsel), for respondent.
Napoli Shkolnik PLLC, Melville (Nicholas R. Farnolo of counsel), for appellant.
Law Office of Thomas Torto, New York (Thomas Torto of counsel), for respondent.
Acosta, P.J., Renwick, Singh, Moulton, JJ.
Order, Supreme Court, New York County (Adam Silvera, J.), entered February 6, 2020, which granted defendant's motion to dismiss the complaint, unanimously affirmed, without costs.
The action is not saved by CPLR 205(a), since plaintiff's prior action was dismissed for "neglect to prosecute" within the meaning of that section (see Francis v. Elfort Realty Corp., 267 A.D.2d 120, 120, 699 N.Y.S.2d 690 [1st Dept. 1999] ). Moreover, Supreme Court set forth on the record plaintiff's specific conduct constituting neglect, which demonstrated a general pattern of delay in proceeding with the litigation.