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GOLDBERGER v. GOLDBERGER

18 A.D.3d 499 (2005)

795 N.Y.S.2d 277

DON GOLDBERGER, Respondent, v. HARRY GOLDBERGER et al., Appellants.

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

May 9, 2005.

Ordered that the order is affirmed, with costs.

The Supreme Court erred in determining that a compliance conference order dated December 2, 2003, did not constitute a valid 90-day demand under CPLR 3216. The compliance conference order, signed by both parties, directed the plaintiff, inter alia, to serve and file a note of issue by March 6, 2004, and warned that the failure to comply would result in a dismissal (see Betty v City of New York,

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