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MICALIZZI v. GOMES

239 A.D.2d 395 (1997)

657 N.Y.S.2d 201

William Micalizzi, Appellant, v. Louis Gomes, Also Known as Louis Gomez, Respondent

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

May 12, 1997

Ordered that the order is affirmed, with costs.

Having been served with a 90-day demand pursuant to CPLR 3216, it was incumbent upon the plaintiff to comply with the demand by filing a note of issue or by moving, before the default date, to either vacate the demand or to extend the 90-day period (see, Turman v Amity OBG Assocs., 170 A.D.2d 668; Papadopoulas v R.B. Supply Corp., 152 A.D.2d 552...

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