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GRUBER v. COMMACK UNION FREE SCHOOL DISTRICT

291 A.D.2d 374 (2002)

736 N.Y.S.2d 885

BRAD GRUBER, an Infant, by His Father and Natural Guardian, ARNOLD GRUBER, et al., Respondents, v. COMMACK UNION FREE SCHOOL DISTRICT, Appellant.

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

Decided February 4, 2002.

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

After they were served with a 90-day notice pursuant to CPLR 3216, "it was incumbent upon the plaintiffs to comply with the notice by filing a note of issue or by moving, before the default date, to either vacate the notice or to extend the 90-day period" (Turman v Amity OBG Assoc., 170 A.D.2d 668; see, Wilson...

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