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GOLDBERG v. TUNSTALL

295 A.D.2d 315 (2002)

744 N.Y.S.2d 331

BETH GOLDBERG et al., Respondents, v. THOMAS TUNSTALL et al., Appellants.

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

Decided June 3, 2002.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The Supreme Court's certification order dated March 30, 2000, had the same effect as a duly served 90-day notice (see Doyle v South Nassau Communities Hosp., 270 A.D.2d 225). To avoid a default pursuant to CPLR 3216, the plaintiffs were required to comply with the notice by timely filing a note of issue or by...

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