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DURAN v. NEW YORK CITY HEALTH & HOSPITALS CORPORATION

2009-06405, (Index No. 21507/04).

74 A.D.3d 1014 (2010)

902 N.Y.S.2d 402

MARIANELA DURAN, Appellant, v. NEW YORK CITY HEALTH & HOSPITALS CORPORATION, Respondent.

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

Decided June 15, 2010.

Ordered that the judgment is affirmed, with costs.

The Supreme Court providently exercised its discretion in granting the defendant's motion pursuant to CPLR 3216 to dismiss the complaint, and in denying that branch of the plaintiff's cross motion which was to extend the time to file the note of issue and certificate of readiness (see Rodriguez v Five Towns Nissan, 69 A.D.3d 833 [2010]; Davis v Cardiovascular Consultants...

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