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ARMSTRONG v. B.R. FRIES & ASSOCIATES, INC.

Nos. 7744, 7745, 108277/08, 59044/09.

95 A.D.3d 697 (2012)

945 N.Y.S.2d 74

2012 NY Slip Op 4071

RAYMOND ARMSTRONG, Appellant, v. B.R. FRIES & ASSOCIATES, INC., Respondent. (And a Third-Party Action.)

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

Decided May 24, 2012.

Plaintiff's motion to vacate the order of dismissal should have been granted since, whether the dismissal was pursuant to CPLR 3216 (b) (3) or CPLR 3126, it did not comply with statutory requirements. The case was marked dismissed after plaintiff failed to comply with a status conference order directing him to serve and file a note of issue within seven days. That order did not comply with the requirements of CPLR 3216 (b) in that...

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