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POLLUCCI v. RIZZO

261 A.D.2d 594 (1999)

690 N.Y.S.2d 667

CHRIS POLLUCCI, Appellant, v. RAFAEL RIZZO, Also Known as RAFAEL RIZO, Defendant, and ALLSTATE INSURANCE COMPANY, Respondent.

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

Decided May 24, 1999.

Ordered that the order is affirmed, with costs.

On November 14, 1996, the Supreme Court issued an order which, inter alia, stated that counsel for the plaintiff and the defendant Allstate Insurance Company certified that all discovery and pretrial motions were complete. The order sua sponte directed the plaintiff to serve and file a notice of issue within 90 days. The order stated that "[f]ailure to comply within 90 days may serve as a basis for dismissal...

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