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McKINNEY v. CORBY

295 A.D.2d 580 (2002)

744 N.Y.S.2d 882

MICHELLE McKINNEY, Respondent, v. RICKEY CORBY, Appellant.

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

Decided June 24, 2002.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is granted, and the complaint is dismissed.

CPLR 3216 provides a party confronted with a less than diligent adversary with a means to expedite the prosecution of the action by serving upon him or her a written demand that he or she file a note of issue within 90 days, or in the event of a default, risk dismissal of the...

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