MILLER v. BRUST


278 A.D.2d 462 (2000)

717 N.Y.S.2d 663

KENNETH MILLER et al., Respondents, v. NORMAN M. BRUST et al., Appellants, et al., Defendant.

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

Decided December 26, 2000.


Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs, that branch of the motion is denied, so much of the order dated June 7, 1999, as dismissed the action pursuant to CPLR 3216 insofar as asserted against the appellants is reinstated, and the action against the remaining defendant is severed.

It is well established that once a plaintiff is served with a 90-day notice pursuant to CPLR 3216, it is incumbent on the plaintiff...

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