GUY v. HATSIS

2012-06163.

107 A.D.3d 671 (2013)

966 N.Y.S.2d 212

2013 NY Slip Op 3970

KARA GUY, Appellant, v. ALEXANDER HATSIS, Respondent.

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

Decided June 5, 2013.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the plaintiff's motion, in effect, to vacate the dismissal of the action pursuant to CPLR 3216, restore the action to the trial calendar, and extend the time to file a note of issue is granted.

The certification order dated March 2, 2010, did not constitute a valid 90-day demand pursuant to CPLR 3216 because it directed the plaintiff to file a note of issue within 70 days, rather...

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