COLON v. PAPATOLIS

2011-10309.

95 A.D.3d 1160 (2012)

943 N.Y.S.2d 914

2012 NY Slip Op 3975

OSCAR COLON, Respondent, v. NIKILAOS PAPATOLIS, Defendant, and VASILIOS LAGOS et al., Appellants.

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

Decided May 23, 2012.


Ordered that the order is reversed, on the law, with costs, and the motion of the defendants Vasilios Lagos, Glykeria Kolios, and Myrtle Avenue Restaurant Corp. pursuant to CPLR 3216 to dismiss the complaint insofar as asserted against them is granted.

Having received a 90-day notice, the plaintiff was required either to serve and file a timely note of issue or move, before the default date, for an extension of time pursuant to CPLR 2004 (see Benitez v Mutual of...

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