Congratulations to Keri Wehrheim for securing an important procedural victory before the Appellate Division, Second Department. This case reinforces the strategic use of CPLR 3216 to dismiss stale claims, ensuring that defendants are not prejudiced by a plaintiff’s failure to prosecute. The decision was rendered by Hon. Dillon, Hon. Brathwaite Nelson, Hon. Ford, and Hon. Ventura.
This case arose from a motor vehicle accident on October 19, 2013, where the plaintiff, a passenger in a vehicle operated by Jouvonda D. Weeks, alleged injuries following a collision with a vehicle driven by Tyreil Kawan Carter and owned by Bonnie J. Carter. The plaintiff commenced the action in 2016 but failed to advance the case meaningfully. After Weeks served a 90-day notice pursuant to CPLR 3216 in July 2021, the plaintiff failed to file a note of issue or otherwise respond within the required time frame. Weeks moved to dismiss, joined by the Carters.
The appellate court affirmed the dismissal of the claims against Weeks, holding that the plaintiff failed to demonstrate a potentially meritorious cause of action. Notably, the court emphasized the absence of medical evidence to substantiate a serious injury within the meaning of Insurance Law § 5102(d).
However, the court reversed the dismissal as to the Carters, noting that they had not served their own 90-day notice as required under CPLR 3216.
This decision underscores the importance of timely action in litigation and the strategic application of procedural tools to achieve favorable outcomes for clients. Keri’s diligent advocacy ensured a successful result for Weeks, limiting unnecessary litigation and protecting our client’s interests.
