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STURKEY v. RAMDAS

307 A.D.2d 310 (2003)

762 N.Y.S.2d 520

CANTRES STURKEY et al., Respondents, v. KENNETH RAMDAS, Appellant.

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

Decided July 21, 2003.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiffs, having been served with a 90-day demand pursuant to CPLR 3216 (b) (3), were required to comply with the demand by filing a note of issue or by moving, before the default date, either to vacate the demand or to extend the 90-day period (see Raffa v Cook, 289 A.D.2d 385 [2001]; Chong Suk Rose...

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