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SANTEE v. BORT

254 A.D.2d 756 (1998)

677 N.Y.S.2d 858

Jeffrey S. Santee et al., Respondents, v. Mark D. Bort et al., Defendants, and Robert Draper, Individually and Doing Business as Charlie's Tavern, Appellant

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

October 2, 1998

Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly denied the motion of Robert Draper, individually and doing business as Charlie's Tavern (defendant), to dismiss the complaint against him unconditionally pursuant to CPLR 3216. Plaintiffs presented proof that their failure to respond to defendant's 90-day demand in a timely manner resulted from their change of attorneys after the demand was served and not from an intention to abandon...

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