Civil procedure (dismissal for failure to prosecute)
Refused to dismiss a self-represented plaintiff's case for failure to move it forward
Dudley v Karpenko (2025 NY Slip Op 51714(U)) · Oct. 2, 2025
Decided the motion as a judge of the Civil Court of the City of New York, Kings County.
Ruled that this kind of dismissal, available under a rule used in State Supreme Court, does not apply against an unrepresented plaintiff in Civil Court, because the court clerk is required by law to put such a case on the trial calendar.
What this tells you
Explains how Civil Court's own procedure for plaintiffs without lawyers differs from State Supreme Court's.
Case context & history
The question: Whether a defendant in Civil Court could have a case brought by a plaintiff without a lawyer dismissed because the plaintiff had not moved it forward.
Outcome / stage: The defendant's motion to dismiss was denied.
The defendant had demanded that the plaintiff file the paperwork that places a case on the trial calendar, a step Civil Court does not use.
Subsequent history: No appellate decision reviewing this ruling was found as of Sept. 29, 2026.