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).
Argued: July 15, 2009
Decided: September 29, 2009
Opinion by Judge Jacobs
Todd C. Bank, Kew Gardens, New York, for Appellant.