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RUSSO v. AUTO. RENTALS, INC.

247 A.D.2d 603 (1998)

669 N.Y.S.2d 232

Elaine Russo et al., Respondents, v. Automotive Rentals, Inc., et al., Appellants

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

February 23, 1998

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is dismissed.

By order dated July 6, 1995, the plaintiffs were directed to file a note of issue within 90 days. It is undisputed that the plaintiffs neither timely filed a note of issue, nor moved pursuant to CPLR 2004 for an extension of time within which to comply. Having failed to pursue either of the foregoing options...

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