United States Second Circuit

In a product liability action against a drug manufacturer, dismissal of the action as untimely is affirmed where a prior dismissal of an identical action in state court for failure to appear at a court conference constituted a dismissal "for neglect to prosecute" such that plaintiff could not avail himself of a six-month tolling provision under New York Civil Practice Law and Rules section 205(a).

Appellate Information

• Decided 09/29/2009
• Published 09/29/2009

Judges

• DENNIS JACOBS, Chief Judge:, Before:  JACOBS, Chief Judge, SACK, Circuit Judge, and GOLDBERG, Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Todd C. Bank, Kew Gardens, NY, for Appellant.


• For Appellees:
  
• Lauren J. Elliot, (Daniel J. Thomasch, on the brief), Orrick, Herrington & Sutcliffe LLP, New York, NY, for Appellees.