A Second Bite at the Apple Under CPLR 205(A) Extension

CPLR 205(a) is the popular provision that generally allows a party who has timely commenced an action, which is ultimately dismissed, to commence a new action within six months after the dismissal. This provision has rescued countless plaintiffs who have encountered obstacles of all sorts in prosecuting a prior action and is frequently the subject of judicial interpretation.In 2008, the statute was amended to add a new provision requiring a judge dismissing an action for neglect to prosecute to set forth on the record the specific conduct constituting the neglect. The defendant moving to dismiss an action for neglect to prosecute must now ensure that the court sets forth plaintiff’s “general pattern of delay in proceeding with the litigation” so as to prevent the plaintiff from invoking CPLR 205(a) in a subsequent action.This article discusses the provisions under which a plaintiff’s claim could be dismissed for neglect to prosecute and the decisions that have applied the rule in the infancy of this important amendment.