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MERIDIAN BALANCE ACUPUNCTURE v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

17 Misc.3d 1025 (2007)

844 N.Y.S.2d 860

MERIDIAN BALANCE ACUPUNCTURE, P.C., as Assignee of ROSEMARY NUNEZ, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

District Court of Nassau County, Third District.

November 8, 2007.

Attorney(s) appearing for the Case

Nicolini, Paradise, Ferretti & Sabella, Mineola, for defendant.

Parker Law Firm, Deer Park, for plaintiff.

OPINION OF THE COURT

HOWARD S. MILLER, J.

Defendant moves unopposed for an order, pursuant to CPLR 3216, dismissing this action for want of prosecution. The motion is denied.

One of the predicates for a CPLR 3216 motion is a "written demand" sent to the plaintiff, demanding resumption of prosecution and service of a note of issue within 90 days. A proper form for making such a demand is set forth...

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