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  5. 216 A.D.2d 725 (1995)
 

GEN. ACCIDENT FIRE & LIFE ASSURANCE CORP., LTD. v. NORTH AM. SYS., INC.

216 A.D.2d 725 (1995)

627 N.Y.S.2d 840

General Accident Fire & Life Assurance Corporation, Ltd., et al., Respondents, v. North American Systems, Inc., et al., Appellants, et al., Defendants

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

June 15, 1995

Peters, J.

Pursuant to CPLR 3216 (a), defendants North American Systems, Inc. and Service Merchandise, Inc. (hereinafter collectively referred to as defendants) sought to dismiss this action against them based upon a failure to file a note of issue within 90 days of demand. Noting that defendants served such demand on May 3, 1994 and that plaintiffs filed a note of issue on August 26, 1994, approximately three...

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