Ordered that the order is reversed, on the law, with costs, the motion is granted, the cross motion is denied, and the complaint is dismissed.
To avoid a default after receipt of the 90-day demand pursuant to CPLR 3216, the plaintiffs were required to comply therewith either by timely filing a note of issue or by moving, before the default date, to vacate the notice or to extend the 90-day period (see, Pollucci v Rizzo,
Welcome to the leading source of independent legal reporting
Let's get started
Sign on now to see your case.
Or view more than 10 million decisions and orders.