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CARINO ITALIAN STYLE, S.R.L. v. SHAMMAH

266 A.D.2d 1 (1999)

697 N.Y.S.2d 609

CARINO ITALIAN STYLE, S.R.L., et al., Appellants, v. STEVEN SHAMMAH et al., Respondents.

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

Decided November 4, 1999.

There is no allegation by defendants-respondents, nor any finding by the trial court, that a written ninety day demand to file and serve a note of issue was served on plaintiffs-appellants as required by CPLR 3216 (b). In Baczkowski v Collins Constr. Co. (89 N.Y.2d 499, 502-503), the Court of Appeals underscored the limits upon a court's ability to dismiss an action for failure to...

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