GLADMAN v. MESSURI

2009-04954.

71 A.D.3d 827 (2010)

895 N.Y.S.2d 839

ROBERT GLADMAN, Appellant, v. GERALD MESSURI et al., Respondents, et al., Defendants.

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

Decided March 16, 2010.


Ordered, that the order is reversed, on the law, on the facts, and in the exercise of discretion, with one bill of costs, the plaintiff's motion to extend the time to serve and file a note of issue is granted, and an order of the same court entered March 25, 2009, sua sponte, directing dismissal of the complaint if the plaintiff failed to serve and file a note of issue on or before March 31, 2009, is vacated.

On November 19, 2008, at a trial readiness conference,...

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