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JIMENEZ v. HAROS

39 A.D.3d 437 (2007)

834 N.Y.S.2d 169

JUAN JIMENEZ et al., Respondents, v. NICHOLA HAROS et al., Appellants.

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

Decided April 26, 2007.

Defendants' motion to dismiss for noncompliance with their 90-day notice, served after plaintiffs had filed a note of issue and certificate of readiness in May 2001, was properly denied (see CPLR 3216 [d]; Chase v Scavuzzo, 87 N.Y.2d 228 [1995]). Contrary to defendants' contention, plaintiffs' note of issue had not been vacated by the order entered August 20, 2001. Even if it had been, the record demonstrates that plaintiffs...

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