REEL v. COLLEGE OF NEW ROCHELLE


8 A.D.3d 208 (2004)

778 N.Y.S.2d 689

RHONDA REEL, Respondent, v. THE COLLEGE OF NEW ROCHELLE et al., Appellants.

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

June 29, 2004.


There was no showing that this action had been abandoned. Conditions precedent to dismissal for want of prosecution require joinder of issue, passage of one year since joinder, and written demand by the party seeking dismissal, by registered or certified mail, that the plaintiff serve and file a note of issue within 90 days (CPLR 3216 [b]). Questions remain, however, regarding service of the 90-day demand on plaintiff's counsel at the proper address (Chase v Scavuzzo,...

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