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PICOT v. CITY OF NEW YORK

50 A.D.3d 757 (2008)

855 N.Y.S.2d 237

CLEOMIE PICOT, Appellant, v. CITY OF NEW YORK et al., Defendants, and NEW YORK CITY HEALTH AND HOSPITALS CORPORATION et al., Respondents.

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

Decided April 8, 2008.

Ordered that the order is affirmed, with costs.

Having been served with a 90-day notice pursuant to CPLR 3216, the plaintiff was required to file a note of issue in compliance with the notice or to move, before the default date, either to vacate the notice or to extend the 90-day period (see Sharpe v Osorio, 21 A.D.3d 467, 468 [2005]; Walters v Hoboken Wood Flooring Corp., 6 A.D.3d 696<...

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