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COMBS v. LEWIS

249 A.D.2d 156 (1998)

671 N.Y.S.2d 255

J. Gerard Combs et al., Respondents, v. Marc Lewis et al., Appellants

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

April 23, 1998

"[C]ourts do not possess the power to dismiss an action for general delay where plaintiff has not been served with a 90-day demand to serve and file a note of issue pursuant to CPLR 3216 (b)" (Chase v Scavuzzo, 87 N.Y.2d 228, 233). Here, the only 90-day demand that defendants ever made was in May 1990, which demand was tolled and effectively withdrawn by the stipulation dated November 17, 1990. There was, as a result, no operative...

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