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SAPIR v. KRAUSE, INC.

8 A.D.3d 356 (2004)

777 N.Y.S.2d 766

MARK SAPIR et al., Appellants, v. KRAUSE, INC., et al., Respondents.

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

June 7, 2004.

Ordered that the order is affirmed, with costs.

In a certification conference order entered March 26, 1998, the Supreme Court directed the plaintiffs to serve and file a note of issue within 90 days, and warned that the failure to comply may serve as a basis for dismissal pursuant to CPLR 3216. Counsel for both parties signed the order. This had the same effect as a valid 90-day notice pursuant to CPLR 3216 (see Apicella v Estate of Apicella,

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