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VINIKOUR v. JAMAICA HOSPITAL

2 A.D.3d 518 (2003)

767 N.Y.S.2d 873

JORY VINIKOUR, Appellant, v. JAMAICA HOSPITAL, Respondent, et al., Defendants.

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

December 8, 2003.

Ordered that the order is affirmed, with costs.

In a compliance order dated November 13, 1998, the Supreme Court directed the plaintiff to file a note of issue on or before March 24, 1999, and warned that failure to comply may serve as a basis for dismissal pursuant to CPLR 3216. Counsel for both parties signed the order. Contrary to the plaintiff's contention, this had the same effect as a valid 90-day notice pursuant to...

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