New York Court of Appeals
Phyllis Tewari v. Steven Tsoutsouras
October 24, 198975 N.Y.2d 1
Summary
The New York Court of Appeals reversed the Appellate Division and reinstated the Supreme Court's order, holding that the statute and rules do not authorize dismissal as a sanction for a plaintiff's failure to timely file the CPLR 3406(a) notice, and that the lower court abused its discretion in denying the plaintiff's motion for an extension without requiring a showing of merit. The Court noted that dismissal is only authorized for non‑compliance with the special calendar control rules under CPLR 3406(b). A dissent argued that the statute should be read strictly to permit dismissal, while a concurrence agreed with the majority but emphasized the statutory distinction between §§3406(a) and (b).