Appellate Division of the Supreme Court of New York, 1999

Francis v. Elfort Realty Corp.

Francis v. Elfort Realty Corp.
Appellate Division of the Supreme Court of New York · Decided December 16, 1999
267 A.D.2d 120; 699 N.Y.S.2d 690; 1999 N.Y. App. Div. LEXIS 13019
Francis v. Elfort Realty Corp.

Opinion of the Court

—Order, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered on or about October 1, 1998, which granted defendants’ motions to dismiss the complaint as time-barred, unanimously affirmed, without costs.

The action is not saved by CPLR 205 (a), plaintiffs’ prior action having been dismissed for “neglect to prosecute” within the meaning of that section after plaintiffs’ attorney, had failed to appear at five court-scheduled preliminary conferences. Concur — Ellerin, P. J., Wallach, Lerner, Andrias and Saxe, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.