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C&S REALTY, INC. v. SOLOFF

22 A.D.3d 515 (2005)

801 N.Y.S.2d 772

C&S REALTY, INC., Appellant, v. MATTHEW SOLOFF, Also Known as MATT SOLOFF, Respondent.

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

October 11, 2005.

Ordered that the order is affirmed, with costs.

In a certification order dated May 17, 2005, the Supreme Court directed the plaintiff to file a note of issue within 90 days and warned that the action would be "deemed dismissed" if the plaintiff failed to comply. Both parties signed the order. The order had the same effect as a 90-day notice pursuant to CPLR 3216 (see Betty v City of New York, 12 A.D.3d 472 [2004]; Vinikour...

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