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ARC MUNICIPAL SECURITIES CORP. v. KLEINBERG, KAPLAN, WOLFF & COHEN, P.C.

277 A.D.2d 6 (2000)

716 N.Y.S.2d 295

ARC MUNICIPAL SECURITIES CORP. et al., Plaintiffs, v. KLEINBERG, KAPLAN, WOLFF & COHEN, P. C., Defendant and Interpleader Plaintiff, et al., Interpleader Defendants. KLEINBERG, KAPLAN, WOLFF & COHEN, P. C., Appellant, v. ARC MUNICIPAL SECURITIES CORP., Formerly Known as HARRY DOWNS & COMPANY, INC., et al., Respondents.

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

Decided November 2, 2000.

Under the circumstances, the motion court improvidently exercised its discretion in denying KKW&C's motion to restore to the trial calendar its action to recover fees and costs arising from its performance as an escrow agent, and to extend its time to file a note of issue. There was no indication in the record of compliance with the CPLR 3216 (b) (3) mandatory precondition that a written 90-day demand to file and serve a note...

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