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VIJAX CORP. v. JACOBS

270 A.D.2d 253 (2000)

704 N.Y.S.2d 850

VIJAX CORP., Appellant, v. ERIK JACOBS, Doing Business as NOYO ASSOCIATES, Respondent.

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

Decided March 6, 2000.

Ordered that the order is affirmed, with costs.

After the defendant served the plaintiff with a 90-day notice pursuant to CPLR 3216, the plaintiff had to either file a note of issue or move within 90 days to vacate the notice or extend the 90-day period (see, Zelik v Policy Signing & Accounting Centre, 258 A.D.2d 580). The plaintiff did neither. Accordingly, to avoid dismissal, the plaintiff was required to demonstrate...

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