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SANTIAGO v. GRENADIER REALTY CORP.

13 A.D.3d 606 (2004)

786 N.Y.S.2d 360

CARLOS SANTIAGO, Respondent, v. GRENADIER REALTY CORP. et al., Appellants. (And a Third-Party Action.)

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

December 27, 2004.

Ordered that the order is affirmed, with costs.

On April 10, 2003, the defendants served the plaintiff with a 90-day notice pursuant to CPLR 3216. The plaintiff did not comply with the notice by filing a note of issue or by moving, before the default date, either to vacate the notice or extend the 90-day period (see Davis v Goodsell, 6 A.D.3d 382, 384 [2004]; Bokhari v Home Depot U.S.A., 4 A.D.3d 381...

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