LOUIS v. MTA LONG ISLAND BUS CO.


44 A.D.3d 628 (2007)

848 N.Y.S.2d 177

GEORGE LOUIS, Appellant, v. MTA LONG ISLAND BUS CO. et al., Defendants and Third-Party Plaintiffs-Respondents. JOSEPH LAURENTI et al., Third-Party Defendants-Respondents.

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

Decided October 2, 2007.


Ordered that the order is affirmed, with one bill of costs.

The certification order dated September 26, 2005 directing the plaintiff to file a note of issue within 90 days and warning that the action would be deemed dismissed without further order of the court if the plaintiff failed to comply with this directive had the same effect as a valid 90-day notice pursuant to CPLR 3216 (see Hoffman v Kessler,

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