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SANCHEZ v. SERJE

2010-01102.

78 A.D.3d 1155 (2010)

913 N.Y.S.2d 919

MILDRED SANCHEZ et al., Appellants, v. JORGE SERJE, Respondent.

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

Decided November 30, 2010.

Ordered that the judgment is affirmed, with costs.

In an order dated March 16, 2007, the Supreme Court extended the plaintiffs' time to file a note of issue to June 27, 2007. The plaintiffs failed to file a note of issue by that date and the action was dismissed on July 13, 2007, upon the court's own motion. The dismissal of the action on July 13, 2007, was not authorized pursuant to CPLR 3216 because the March 16, 2007...

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