Murrayv.Morelli

Appellate Division of the Supreme Court of New York, Second DepartmentOct 11, 1994
618 N.Y.S.2d 245 (N.Y. App. Div. 1994)
618 N.Y.S.2d 245208 A.D.2d 604

October 11, 1994

Appeal from the Supreme Court, Kings County (Levine, J.).


Ordered that the order is affirmed, with costs.

The Supreme Court properly determined that its prior dismissal of a similar action between the parties was based on the plaintiff's neglect to prosecute (see, Flans v. Federal Ins. Co., 43 N.Y.2d 881; Keel v. Parke, Davis Co., 72 A.D.2d 546, affd 50 N.Y.2d 833; Ivory v. Eckstrom, 98 A.D.2d 763; Kelly v Rosenthal, 176 A.D.2d 283). Accordingly, the plaintiff was not entitled to the six-month savings provision contained in CPLR 205 (a), and her present action was properly dismissed as time barred. Rosenblatt, J.P., O'Brien, Ritter and Florio, JJ., concur.