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SPIERTO v. PENNISI

223 A.D.2d 537 (1996)

636 N.Y.S.2d 118

Michele Spierto, Respondent, v. Anthony Pennisi et al., Appellants

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

January 8, 1996

Ordered that the orders are reversed, on the law, with one bill of costs, the motions of the defendants Mercy Hospital and Anthony Pennisi are granted, and the complaint is dismissed pursuant to CPLR 3216 for failure to prosecute.

Having been served with a 90-day notice pursuant to CPLR 3216, it was incumbent upon the plaintiff to comply with the notice by filing a note of issue or by moving, before the default date, to...

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