| Xue Chen v Lockett |
| 2021 NY Slip Op 02447 [193 AD3d 563] |
| April 22, 2021 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Xue Chen, Appellant, v Anita Lockett, 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.
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 AD2d 120, 120 [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. Concur—Acosta, P.J., Renwick, Singh, Moulton, JJ.
[Prior Case History: 2020 NY Slip Op 30343(U).]