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PASSET v. MENORAH NURSING HOME, INC.

2008-11217

68 A.D.3d 735 (2009)

2009 NY Slip Op 9009

889 N.Y.S.2d 659

ANN PASSET, Respondent, v. MENORAH NURSING HOME, INC., Doing Business as MENORAH NURSING HOME & HOSPITAL FOR THE AGED, et al., Appellants.

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

Decided December 1, 2009.

Ordered that the order is affirmed, with costs.

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 the basis...

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