Order unanimously reversed on the law without costs, motion granted and complaint dismissed.
Memorandum:
Supreme Court erred in denying defendant's motion to dismiss the complaint pursuant to CPLR 3216 based upon plaintiffs' failure to comply with defendant's 90-day demand to file a note of issue. Plaintiffs failed to file a note of issue or to move to vacate the demand or extend the time within which to file and thus, in order to avoid dismissal, plaintiffs...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
