BASSO v. LESSING'S INC.


274 A.D.2d 488 (2000)

712 N.Y.S.2d 374

CECELIA BASSO et al., Appellants, v. LESSING'S INC., Doing Business as MEADOW EDGE CATERING, Respondent.

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

Decided July 24, 2000.


Ordered that the order is affirmed, with costs.

On April 2, 1998, the defendant served the plaintiffs with a 90-day demand pursuant to CPLR 3216. The mailing receipt states that it was received by the plaintiffs' counsel on April 6, 1998. In response to this 90-day demand, the plaintiffs did not move to vacate it, nor did they file a note of issue or seek an extension of time to do so. Rather, on July 7, 1998, they served...

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