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SIMMONS v. ROCKAWAY ONE CO.

250 A.D.2d 594 (1998)

672 N.Y.S.2d 750

Brenda Simmons, Respondent, v. Rockaway One Co. et al., Appellants

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

May 4, 1998

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the complaint is dismissed.

The defendants duly served on the plaintiff a demand pursuant to CPLR 3216 that she file a note of issue within 90 days or suffer the dismissal of her complaint (see, Baczkowski v Collins Constr. Co., 89 N.Y.2d 499; Spierto v Pennisi, 223 A.D.2d 537

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