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GACHE v. INC. VILL. OF FREEPORT

202 A.D.2d 470 (1994)

609 N.Y.S.2d 42

Cary W. Gache, Appellant, v. Incorporated Village of Freeport et al., Respondents

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

March 14, 1994

Ordered that the order is affirmed, with costs.

Upon being served with a 90-day demand pursuant to CPLR 3216, the plaintiff was required to comply therewith by filing a note of issue or by moving, before the default date, to either vacate the notice or to extend the 90-day period (see, Socoloff v New York Eye & Ear Infirmary, 174 A.D.2d 727; Turman v Amity OBG Assocs., 170 A.D.2d 668

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