In one more in a growing line of case law, the New York Court of Appeals recently reaffirmed its position that it considers deadlines and time periods set by statute extremely serious matters.  The Court’s recent decision Andrea v. Arnone, Hedin, Casker, Kennedy and Drake, Architects and Landscape Architects, P.C. (Habiterra Associates), makes clear that a dismissal of an action for failure to comply with discovery orders is a dismissal "for neglect to prosecute the action" within the meaning of CPLR 205(a) (Download 205.doc ).   

This decision continues the notion that the Court has no tolerance for those attorneys’ and parties’ failures to meet deadlines, as set forth in Brill v. City of New York, Miceli v. State Farm Mut. Auto. Ins. Co., and Kihl v. Pfeffer.