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PALERMO v. COUNTY OF NASSAU

266 A.D.2d 365 (1999)

698 N.Y.S.2d 159

FRANCES PALERMO, Respondent, v. COUNTY OF NASSAU, Appellant.

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

Decided November 15, 1999.

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

After the plaintiff was served with a 90-day demand (see, CPLR 3216), she had to file a note of issue or move, before the end of the 90-day period, either to vacate the notice or extend the 90-day period (see, Turman v Amity OBG Assocs., 170 A.D.2d 668; Papadopoulas...

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