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TIERNEY v. OB-GYN ASSOCS. OF ITHACA

186 A.D.2d 926 (1992)

Sharon Tierney et al., Appellants, v. OB-GYN Associates of Ithaca et al., Respondents

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

October 29, 1992

Once plaintiffs were served with the 90-day demand pursuant to CPLR 3216, they should have either complied with the notice by filing a note of issue or moved before the default date to extend the 90-day time period (see, Papadopoulas v R.B. Supply Corp., 152 A.D.2d 552, 553). Instead, just a few days prior to the expiration date, plaintiffs' counsel sent a letter to defendants' counsel...

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