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 ABW, 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.
Persaud vs. Harricharran et al. Index No.