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WERBIN v. LOCICERO

287 A.D.2d 617 (2001)

732 N.Y.S.2d 37

ANN WERBIN, Appellant, v. GARY LOCICERO et al., Respondents.

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

Decided October 22, 2001.

Ordered that the order is affirmed, with costs.

In a certification order dated October 29, 1999, counsel for the plaintiff and the defendants certified that all discovery and pretrial motions were complete, and the Supreme Court, sua sponte, directed the plaintiff to serve and file a note of issue within 90 days. The order specified that a failure to comply "may serve as a basis for dismissal pursuant to CPLR 3216." Counsel for both the plaintiff and the defendants...

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