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EAST POINT COLLISION WORKS INC. v. LIBERTY MUTUAL INSURANCE COMPANY

289 A.D.2d 193 (2001)

733 N.Y.S.2d 908

EAST POINT COLLISION WORKS INC., Appellant, v. LIBERTY MUTUAL INSURANCE COMPANY et al., Respondents.

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

Decided December 3, 2001.

Ordered that the judgment is affirmed, with costs.

To avoid a default when served with a 90-day notice, a plaintiff must comply either by timely filing a note of issue or moving for an extension of time within which to comply pursuant to CPLR 2004 (see, Papadopoulas v R.B. Supply Corp., 152 A.D.2d 552, 553; Carte v Segall, 134 A.D.2d 397, 398). Having failed to pursue either of the...

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