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PETERSEN v. LYSAGHT, LYSAGHT & KRAMER, P.C.

47 A.D.3d 783 (2008)

851 N.Y.S.2d 209

PAUL PETERSEN, Appellant, v. LYSAGHT, LYSAGHT & KRAMER, P.C., et al., Respondents, et al., Defendant.

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

Decided January 22, 2008.

Ordered that the order is affirmed, with costs.

The certification order of the Supreme Court dated February 3, 2006, 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 that directive, had the same effect as a valid 90-day notice pursuant to CPLR 3216 (see Louis v MTA Long Is. Bus Co., 44 A.D.3d 628

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