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LDA CORPORATION v. MERINGOFF PROPERTIES

290 A.D.2d 333 (2002)

736 N.Y.S.2d 221

LDA CORPORATION et al., Appellants, v. MERINGOFF PROPERTIES et al., Respondents.

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

Decided January 22, 2002.

We reject plaintiffs' argument that plaintiff's letter dated September 27, 1996, confirming the adjournment of defendants' employee's deposition, upon the condition that plaintiffs' time to comply with defendants' CPLR 3216 90-day notice be extended without date, to allow plaintiffs to take such deposition constituted an abandonment by defendants of the 90-day notice. This action was almost nine years old when defendants informed plaintiffs, by letter dated February 10, 1998...

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