The Civil Parts of the District Court calendar actions to be dismissed if they been deemed abandoned or neglected.
Civil actions are dismissed by the court pursuant to CPLR§§ 3215 and 3216 when the plaintiff fails to proceed to judgment or to trial.
If a defendant has defaulted, the plaintiff has one year to submit a judgment to the court or file the defendant's answer with the court. If no judgment or answer is filed, the court will dismiss the action as abandoned pursuant to CPLR §3215(c) without notice to the parties.
If one year has passed after issue has been joined, and no note of issue or notice of trial has been filed, plaintiff is notified by certified mail that the action has been unreasonably neglected and will be calendared and dismissed pursuant to CPLR §3216 in ninety days.
An action will be removed from this calendar if the appropriate papers are filed with the court.
If you believe an action has been improperly calendared to be dismissed, contact your attorney.
Civil Dismissal Calendars
