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MEHTA v. CHUGH

8210N, 603339/08, 8210NA.

99 A.D.3d 439 (2012)

952 N.Y.S.2d 18

2012 NY Slip Op 6645

SHERRY MEHTA, Appellant, v. ROGER CHUGH et al., Respondents.

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

October 4, 2012.

The court improperly dismissed the complaint on the ground that plaintiff defied the court's order to serve and file a note of issue. Although court orders may constitute a "written demand" to serve and file a note of issue under CPLR 3216 (b) (3) (see e.g. Basile v Chhabra, 24 A.D.3d 149, 150 [1st Dept 2005]), the March 2011 order here, which directed that the note of issue be filed by April 22, 2011, did not give plaintiff the...

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