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ATLANTIC J & S SPIRITIS CORP. v. NOLL'S BOAT YARD, INC.

290 A.D.2d 525 (2002)

736 N.Y.S.2d 613

ATLANTIC J & S SPIRITIS CORP. et al., Respondents, v. NOLL'S BOAT YARD, INC., et al., Appellants.

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

Decided January 28, 2002.

Ordered that the order is affirmed, with one bill of costs.

The Supreme Court issued an order which constituted a valid 90-day notice pursuant to CPLR 3216 (see, Seletsky v St. Francis Hosp., 263 A.D.2d 452). Upon the plaintiffs' failure to timely comply with the order or to seek an extension of time within which to comply, the appellants moved to dismiss the complaint and to strike the belatedly-filed note of issue. The...

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