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FORMAN v. FLEET BANK

262 A.D.2d 449 (1999)

691 N.Y.S.2d 782

NEAL FORMAN, Respondent, v. FLEET BANK, Appellant. (And a Third-Party Action.)

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

Decided June 14, 1999.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the Supreme Court's conclusion, its June 5, 1998, order constituted a valid 90-day notice pursuant to CPLR 3216 (see, Safina v Queens-Long Is. Med. Group, 238 A.D.2d 395; Longacre Corp. v Better Hosp. Equip. Corp., 228 A.D.2d 653; cf., Ameropan Realty Corp. v Rangley Lakes Corp.,

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