DAVIS v. CARDIOVASCULAR CONSULTANTS OF LONG IS., P.C.


65 A.D.3d 1076 (2009)

886 N.Y.S.2d 61

GARY DAVIS, Respondent, v. CARDIOVASCULAR CONSULTANTS OF LONG ISLAND, P.C., et al., Appellants, et al., Defendants.

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

Decided September 15, 2009.


Ordered that the amended order is reversed insofar as appealed from, on the law and in the exercise of discretion, with costs, and that branch of the plaintiff's motion which was, in effect, to vacate the dismissal of the action pursuant to CPLR 3216 is denied.

An order entered November 7, 2007, which warned the plaintiff that the failure to serve and file a note of issue would result in dismissal of the action, had the same effect as a valid 90-day notice pursuant...

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