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VASQUEZ v. BIG APPLE CONSTRUCTION CORPORATION

306 A.D.2d 465 (2003)

762 N.Y.S.2d 254

VICTOR M. VASQUEZ, Appellant, v. BIG APPLE CONSTRUCTION CORPORATION et al., Respondents.

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

Decided June 23, 2003.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is reinstated, and the matter is remitted to the Supreme Court, Queens County, for further proceedings.

The demand attached to the Supreme Court's compliance conference order dated June 15, 2000, cannot be deemed a 90-day demand pursuant to CPLR 3216 because it gave the plaintiff only 85 days within which to file the note of issue. The Supreme Court was not authorized...

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