Having received a 90-day notice and stipulated, in 1998, to file a note of issue on the understanding that failure to do so would result in dismissal of the action, plaintiff neither filed the note nor moved in a timely fashion for an extension of time to comply. In 2001, Justice George Friedman denied plaintiff's motion to vacate the default, with leave to renew upon an affidavit of merit with a reasonable excuse, to be submitted "in admissible form."
The purported...
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