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ESTATE OF HAMILTON v. NASSAU SUFFOLK HOME HEALTH CARE, INC.

1 A.D.3d 474 (2003)

767 N.Y.S.2d 230

ESTATE OF OLIVE M. HAMILTON, Deceased, Appellant, v. NASSAU SUFFOLK HOME HEALTH CARE, INC., Respondent, et al., Defendant.

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

November 17, 2003.

Ordered that the order is affirmed, with costs.

It is well settled that upon receipt of a defendant's 90-day notice pursuant to CPLR 3216, a plaintiff is required either to file a note of issue within 90 days or move before the default date for an extension of time within which to comply (see Aguilar v Knutson, 296 A.D.2d 562 [2002]; Werbin v Locicero, 287 A.D.2d 617 [2001]; Cohen...

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