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MIDDLETON v. JOHN LUTHER & SON

237 A.D.2d 953 (1997)

656 N.Y.S.2d 1021

Antoinette Middleton, Respondent, v. John Luther and Son et al., Defendants, and John W. Robertson et al., Appellants. (Appeal No. 1.)

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

March 14, 1997

Order unanimously reversed on the law without costs, motion denied, cross motions granted and complaint dismissed.

Memorandum:

Supreme Court abused its discretion in granting the motion of plaintiff for an extension of time to file a note of issue and in denying the cross motions of defendants to dismiss the complaint for failure to serve a note of issue within 90 days after having been served with 90-day notices...

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