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UMEZE v. FIDELIS CARE N.Y.

2655, 25626/03

76 A.D.3d 873 (2010)

908 N.Y.S.2d 186

BEN UMEZE, M.D., Respondent, v. FIDELIS CARE NEW YORK et al., Appellants.

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

Decided September 21, 2010.

"When served with a 90-day demand pursuant to CPLR 3216, it is incumbent upon a plaintiff to comply with the demand by filing a note of issue or by moving, before the default date, to either vacate the notice or extend the 90-day period" (Primiano v Ginsberg, 55 A.D.3d 709, 709 [2008]; see Serby v Long Is. Jewish Med. Ctr., 34 A.D.3d 441

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