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HOFFMAN v. KESSLER

28 A.D.3d 718 (2006)

816 N.Y.S.2d 481

ROSANNE HOFFMAN et al., Respondents, v. JEFFREY T. KESSLER et al., Appellants.

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

April 25, 2006.

Ordered that the order is affirmed, with one bill of costs payable by the appellants appearing separately and filing separate briefs.

The compliance conference order dated September 1, 2004, directing the plaintiffs to serve and file a note of issue within 90 days and warning that the failure to comply would result in dismissal, had the same effect as a valid 90-day notice pursuant to CPLR 3216 (see Giannoccoli v. One Cent. Park W. Assoc.,

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