Affidavit in Support of Motion for Dismissal of Complaint for Neglect to Prosecute

[Caption]

State of New York

SS.:

County of __________

__________ [Name], being duly sworn, deposes and says:

1. I am the defendant in this action, and as such am fully familiar with the facts and circumstances set forth in this affidavit.

2. This affidavit is submitted in support of a motion for an order pursuant to CPLR 3216 dismissing plaintiff‘s complaint for unreasonably neglecting to proceed in this action by failing to serve and file a Note of Issue and Certificate of Readiness.

3. Plaintiff has intentionally and willfully ignored my demand to file and serve a Note of Issue and Certificate of Readiness.

4. This matter is an action for an alleged breach of contract based on my claim for benefits...