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VASQUEZ v. CITY OF NEW YORK

5 A.D.3d 672 (2004)

774 N.Y.S.2d 728

MIGDALINA VASQUEZ, Respondent, v. CITY OF NEW YORK, Defendant, and JAMES ZACHARAKOS et al., Appellants.

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

March 22, 2004.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The appellants moved to dismiss the complaint insofar as asserted against them on the ground that the plaintiff failed to file a note of issue in response to a 90-day demand pursuant to CPLR 3216 (b) (3). However, the 90-day period runs from the date of actual receipt of the demand by the plaintiff or by some person authorized to receive such demand by the plaintiff, rather...

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