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LEVIN v. LEVIN

256 A.D.2d 447 (1998)

682 N.Y.S.2d 92

GEORGE LEVIN et al., Respondent, v. SOL LEVIN, Appellant.

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

Decided December 16, 1998.

Ordered that the order is reversed, on the law, with costs, that branch of the defendant's motion which was to dismiss the complaint pursuant to CPLR 3216 is granted, and the complaint is dismissed.

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

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