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BILLINGS v. BERKSHIRE MUT. INS. CO.

133 A.D.2d 919 (1987)

Sandra Billings, Appellant, v. Berkshire Mutual Insurance Company, Respondent, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 15, 1987

Yesawich, Jr., J.

In 1981 plaintiff commenced an action to recover upon a fire loss sustained in 1980. On June 20, 1985, pursuant to CPLR 3216, defendant Berkshire Mutual Insurance Company served a written demand upon plaintiff to file a note of issue. More than 90 days had elapsed and the demand had not been complied with when, on September 23, 1985, Berkshire moved to dismiss the complaint against it. That motion, made on notice to plaintiff's attorney...

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