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GUERRERA v. ZYSK

2011-10355.

99 A.D.3d 660 (2012)

951 N.Y.S.2d 399

2012 NY Slip Op 6578

SALVATORE GUERRERA, Respondent, v. ROBERT J. ZYSK, Appellant.

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

October 3, 2012.

Ordered that the order is affirmed insofar as appealed from, with costs.

On May 5, 2010, the defendant served the plaintiff with a written demand pursuant to CPLR 3216 to serve and file a note of issue within 90 days after receipt of the demand. Shortly thereafter, the defendant served a notice of motion dated May 5, 2010, inter alia, pursuant to CPLR 3216, in effect, to dismiss the complaint for failure to prosecute. Since...

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