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KIRKLAND v. CMTY. HOSP. OF BROOKLYN, INC.

187 A.D.2d 566 (1992)

Immanuel Kirkland, Appellant, v. Community Hospital of Brooklyn, Inc., et al., Respondents

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

November 16, 1992

Ordered that the judgment is affirmed, with one bill of costs.

Where a plaintiff fails to comply with a 90-day notice to file a note of issue pursuant to CPLR 3216, a defendant is entitled to dismissal if the plaintiff fails to show an adequate excuse as well as a meritorious cause of action. To avoid being held in default, a plaintiff served with a 90-day notice must either timely file a note of issue, or move to vacate the notice or for an extension of time within...

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