POLIZZI v. BURKE

2009-07031

72 A.D.3d 781 (2010)

898 N.Y.S.2d 488

ROSALIA POLIZZI et al., Respondents, v. JOSEPH BURKE, Appellant.

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

Decided April 13, 2010.


Ordered that the amended order is reversed, on the law, with costs, and the plaintiff's motion to vacate the dismissal of the action pursuant to CPLR 3216 and to extend the time to file a note of issue is denied.

The certification order dated October 4, 2007, directing the plaintiffs to file a note of issue within 90 days and warning that the action would be dismissed if the plaintiffs failed to comply, had the same effect as a 90-day notice pursuant to CPLR 3216...

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