Ordered that the order is affirmed insofar as appealed from, with costs.
The defendant Brooklyn Union Gas Company contends that the plaintiffs' motion, pursuant to CPLR 2004, to extend the time in which to complete discovery and file a note of issue was untimely. We disagree. The plaintiffs received the defendant's 90-day notice on April 15, 1992. Thus, their motion dated July 14, 1992 was timely (see, CPLR 3216 [b] [3]).
Further, "[i]n order to avoid...
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