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STUCKEY v. WESTCHESTER COUNTY DEPARTMENT OF TRANSPORTATION

298 A.D.2d 577 (2002)

748 N.Y.S.2d 699

IVY STUCKEY, Appellant, v. WESTCHESTER COUNTY DEPARTMENT OF TRANSPORTATION et al., Respondents.

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

Decided October 28, 2002.

Ordered that the order is affirmed, with costs.

Having been served with a 90-day notice pursuant to CPLR 3216, it was incumbent upon the plaintiff to comply with the notice by filing a note of issue or by moving, before the default date, to either vacate the notice or extend the 90-day period (see Baczkowski v Collins Constr. Co., 89 N.Y.2d 499, 503; Di Simone v Good Samaritan...

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