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RAMCHARAN v. 625 FULTON ASSOCIATES

300 A.D.2d 644 (2002)

751 N.Y.S.2d 776

DAVID RAMCHARAN, Appellant, v. 625 FULTON ASSOCIATES et al., Defendants, and HERBERT CONSTRUCTION COMPANY, INC., Respondent. (And a Third-Party Action.)

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

Decided December 30, 2002.

Ordered that the order is affirmed, with costs.

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 a written demand that he file a note of issue within 90 days, or in the event of a default, risk dismissal of the action" (Carte v Segall, 134 A.D.2d 397, 398; see Papadopoulas v R.B. Supply Corp., 152 A...

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