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FRAGA v. SMITHAVEN OPEN MRI

6 A.D.3d 494 (2004)

774 N.Y.S.2d 415

AIDA E. FRAGA, Appellant, v. SMITHAVEN OPEN MRI et al., Respondents.

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

April 12, 2004.

Ordered that the order is affirmed, with costs.

The certification order dated April 18, 2000, which directed the plaintiff to serve and file a note of issue within 90 days pursuant to CPLR 3216, and which was signed by counsel for all parties, constituted a valid 90-day notice pursuant to CPLR 3216 (see Bokhari v Home Depot U.S.A., 4 A.D.3d 381 [2004]; Apicella v Estate of Apicella, 305 A.D.2d 621...

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