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BOARD OF MANAGERS OF THE LORE CONDOMINIUM v. GAETANO

114515/11, 1217NA, 1217N.

139 A.D.3d 550 (2016)

30 N.Y.S.3d 560

2016 NY Slip Op 03982

THE BOARD OF MANAGERS OF THE LORE CONDOMINIUM, Appellant, v. STEVEN GAETANO et al., Respondents.

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

Decided May 19, 2016.

The motion court erred when it effectively dismissed the complaint pursuant to CPLR 3216 (a) on the basis that plaintiff failed to file a note of issue and certificate of readiness by October 18, 2013, as required by both a preliminary conference order and a so-ordered stipulation entered into by the parties. A condition precedent to dismissal pursuant to CPLR 3216 (a) was not satisfied, since a written demand pursuant to CPLR...

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