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ODOM v. NEW YORK CITY TRANSIT AUTHORITY

8 A.D.3d 542 (2004)

779 N.Y.S.2d 136

JANIE ODOM, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

June 21, 2004.

Ordered that the order is affirmed, without costs or disbursements.

Contrary to the defendant's contention, the precalendar order did not contain a 90-day demand pursuant to CPLR 3216. Therefore, the court could not dismiss the action based on neglect to prosecute pursuant to CPLR 3216 (see O'Connell v City Wide Auto Leasing, 6 A.D.3d 682 [2004]; Akpinar v John Hancock Mut. Life Ins. Co., 302 A.D.2d...

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