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M.V.B. COLLISION, INC. v. BERMAN

2011-00627.

86 A.D.3d 534 (2011)

926 N.Y.S.2d 321

2011 NY Slip Op 5799

M.V.B. COLLISION, INC., Doing Business as MID ISLAND COLLISION, Appellant, v. MIKE BERMAN, Respondent.

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

Decided July 5, 2011.

Ordered that the order is affirmed, with costs.

The certification order of the Supreme Court dated March 17, 2010, directing the plaintiff to file a note of issue within 90 days, and warning that the action would be deemed dismissed without further order of the Supreme Court if the plaintiff failed to comply with that directive, had the same effect as a valid 90-day notice pursuant to CPLR 3216 (see Fenner v County of Nassau, 80 A.D.3d 555...

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