STALLONE v. RICHARD

2011-06129.

95 A.D.3d 875 (2012)

943 N.Y.S.2d 225

2012 NY Slip Op 3437

FRANK M. STALLONE, Appellant, v. JOSEPH RICHARD et al., Defendants, and MARY RICHARD et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 1, 2012.


Ordered that the order is affirmed, with costs.

A certification order of the Supreme Court dated July 16, 2010, directing the plaintiff to file a note of issue within 90 days, and warning that the complaint would be deemed dismissed without further order of the Supreme Court if the plaintiff failed to comply with that directive, had the same effect as a valid 90-day notice pursuant to CPLR 3216 (see Fenner v County of...

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