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WASIELEWSKI v. TOWN OF CHEEKTOWAGA

281 A.D.2d 944 (2001)

722 N.Y.S.2d 674

THOMAS J. WASIELEWSKI et al., Individually and as Parents and Natural Guardians of DANIEL J. WASIELEWSKI, an Infant, Respondents, v. TOWN OF CHEEKTOWAGA et al., Appellants.

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

Decided March 21, 2001.

Order unanimously reversed on the law without costs, motion granted and complaint dismissed.

Memorandum:

Supreme Court abused its discretion in denying defendants' motion to dismiss the complaint in this negligence action pursuant to CPLR 3216 based upon plaintiffs' failure to comply with defendants' 90-day demand to file a note of issue (see, Baczkowski v Collins Constr. Co., 89 N.Y.2d 499, 504-505; Burridge v...

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