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SAGINOR v. BROOK

2010-04000.

92 A.D.3d 861 (2012)

939 N.Y.S.2d 126

2012 NY Slip Op 1448

MEIR H. SAGINOR, Appellant, v. RICHARD E. BROOK et al., Respondents, et al., Defendant.

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

Decided February 21, 2012.

Ordered that the order is affirmed, with one bill of costs.

The defendants Richard E. Brook and Marc G. Schultz (hereinafter together the defendants) served 90-day demands upon the plaintiff pursuant to CPLR 3216. Schultz's 90-day demand was received on January 16, 2009. The parties dispute whether Brook's 90-day demand was received on January 7, or January 8, 2009.

Upon receipt of the 90-day demands, the plaintiff...

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