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GONZALEZ v. LEYBOVICH

36 A.D.3d 756 (2007)

830 N.Y.S.2d 197

SONIA GONZALEZ, Respondent, v. ALEKSEY LEYBOVICH et al., Appellants.

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

Decided January 23, 2007.

Ordered that the order is affirmed, without costs or disbursements.

Contrary to the defendants' contention, the compliance conference order dated August 5, 2003, cannot be deemed a 90-day notice pursuant to CPLR 3216 since it gave the plaintiff only 77 days within which to file the note of issue (see Wollman v Berliner, 29 A.D.3d 786 [2006]; Delgado v New York City Hous. Auth...

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