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ROSE v. AZIZ

60 A.D.3d 925 (2009)

874 N.Y.S.2d 816

RONALD ROSE et al., Respondents, v. HASSAN IBN AZIZ et al., Defendants, and LONG ISLAND COLLEGE HOSPITAL, Appellant.

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

Decided March 24, 2009.

Ordered that the order is affirmed insofar as appealed from, with costs.

It is well settled that CPLR 3216 permits a court to dismiss an action for want of prosecution only after the court or the defendant has served the plaintiff with a written notice demanding that the plaintiff resume prosecution of the action and serve and file a note of issue within 90 days after receipt of the demand, and also stating that the failure to comply with the demand will serve as...

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