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MATTHEW v. CITY OF NEW YORK

2011-04010

90 A.D.3d 1002 (2011)

934 N.Y.S.2d 859

2011 NY Slip Op 9602

PHILLIP MATTHEW, Appellant, v. CITY OF NEW YORK et al., Defendants, and CONSOLIDATED EDISON COMPANY OF NEW YORK, Respondent.

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

Decided December 27, 2011.

Ordered that the order is affirmed, with costs.

A compliance conference order dated January 4, 2010, provided that the plaintiff's failure to file a note of issue on or before July 16, 2010, would result in dismissal of the action pursuant to CPLR 3216. While discovery was still outstanding, on July 16, 2010, the plaintiff filed a conditional note of issue without first obtaining permission from the court pursuant to 22 NYCRR 202.21 (d) (see Huger v Cushman &...

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