FENNER v. COUNTY OF NASSAU

2009-10534.

80 A.D.3d 555 (2011)

914 N.Y.S.2d 653

RAYMOND FENNER, Respondent, v. COUNTY OF NASSAU et al., Appellants.

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

Decided January 11, 2011.


Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, and the plaintiff's motion to vacate the dismissal of the complaint and to restore the action to the pre-note of issue calendar is denied.

The certification order of the Supreme Court dated February 19, 2008, directing the plaintiff to file a note of issue within 90 days, and warning that the complaint would be deemed dismissed without further order of the Supreme Court if...

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