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AUSTIN v. GOULD

653921/13 5869.

159 A.D.3d 422 (2018)

69 N.Y.S.3d 474

2018 NY Slip Op 01404

EMMET AUSTIN et al., Appellants, v. JONATHAN GOULD et al., Respondents.

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

Decided March 1, 2018.

"When served with a 90-day demand pursuant to CPLR 3216, it is incumbent upon a plaintiff to comply with the demand by filing a note of issue or by moving, before the default date, to either vacate the notice or extend the 90-day period" (Primiano v Ginsberg, 55 A.D.3d 709, 709 [2d Dept 2008]; Serby v Long Is. Jewish Med. Ctr., 34 A.D.3d 441 [2d Dept 2006], lv denied 8 N.Y.3d 805...

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