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BERKTAS v. McMILLIAN

40 A.D.3d 563 (2007)

835 N.Y.S.2d 388

MAKBULE BERKTAS et al., Appellants, v. ROGER P. McMILLIAN, Respondent.

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

Decided May 1, 2007.

Ordered that the appeal from the order dated July 26, 2006, is dismissed; and it is further,

Ordered that the order dated March 15, 2006 is affirmed; and it is further,

Ordered that one bill of costs is awarded to the defendant.

This action was dismissed upon the plaintiffs' failure to comply with a certification order, which constituted a valid 90-day notice pursuant to CPLR 3216 (see CPLR 3216; Giannoccoli v One Cent. Park W. Assoc.,

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