BROWN v. WORLD FINANCIAL PROPERTIES, INC.


306 A.D.2d 303 (2003)

760 N.Y.S.2d 668

ELISA BROWN, Respondent, v. WORLD FINANCIAL PROPERTIES, INC., Formerly Known as OLYMPIA AND YORK, INC., Appellant, et al., Defendants.

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

Decided June 9, 2003.


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

Having been served with a 90-day notice pursuant to CPLR 3216, the plaintiff should have complied with the notice by filing a note of issue or should have moved, before the default date, either to vacate the notice or extend the 90-day period (see Baczkowski v Collins Constr. Co., 89 N.Y...

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