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BOLAND v. BIORDI

282 A.D.2d 421 (2001)

722 N.Y.S.2d 400

ANDREW BOLAND et al., Respondents, v. JOHN BIORDI, Defendant and Third-Party Plaintiff-Appellant. ROGER BAIM et al., Third-Party Defendants-Appellants.

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

Decided April 2, 2001.

Ordered that the orders are affirmed, with one bill of costs.

Under the circumstances, the order of the Supreme Court dated November 5, 1999, four months after issue was joined in the third-party action, and shortly after the third-party defendants served the plaintiffs with extensive disclosure demands, did not constitute a valid 90-day notice pursuant to CPLR 3216 (see, Schuering v Stella, 243 A.D.2d 623; cf., Longacre...

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