Dustin Bowman, Partner and Matthew Routh, Senior Associate secured a dismissal of a partition action for a client of Shiryak, Bowman, Anderson, Gill, and Kadochnikov LLP.
The plaintiff initiated an action for specific performance based on a real estate contract. However, due to inactivity in the case, the defendant, represented by SBAGK, served a 90-day demand for the plaintiff to resume prosecution.
Dustin and Matthew served a 90-day notice to resume prosecution, and thereafter, the plaintiffs failed to respond or move for an extension. As such, they filed a motion to dismiss the action pursuant to CPLR § 3216 for failure to prosecute.
The court granted the defendant’s motion, resulting in the dismissal of the plaintiff’s complaint.
The decision can be read below.