CECERE v. PETERS


270 A.D.2d 49 (2000)

704 N.Y.S.2d 223

SALLEY CECERE, as Administratrix of the Estate of ANGELINA ESPOSITO, Deceased, Appellant, v. DANIEL F. PETERS et al., Respondents.

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

Decided March 7, 2000.


Plaintiff's claim that defendants' 90-day notice was defective pursuant to CPLR 3216 (b) (3), because it was not sent by registered or certified mail, was not raised in the motion court, and, accordingly, is not preserved for our review. Were we to consider it, we would find that any noncompliance by defendants with the statutorily prescribed form of mailing was without prejudice to plaintiff, who received the notices. Defendants' nonconforming mailing amounted to no more...

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