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BOWMAN v. KUSNICK

35 A.D.3d 643 (2006)

827 N.Y.S.2d 258

DANE BOWMAN, Appellant, v. JOSEPH KUSNICK et al., Respondents.

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

Decided December 19, 2006.

Ordered that the order is affirmed, with costs.

The compliance conference order dated September 25, 2003 directing the plaintiff to file a note of issue on or before January 21, 2004 and warning that failure to comply would result in the dismissal of the action had the same effect as a valid 90-day notice pursuant to CPLR 3216 (see Hoffman v Kessler, 28 A.D.3d 718 [2006]; C&...

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