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ELEMENT E, LLC v. ALLYSON ENTERS., INC.

2017-04328. Index No. 15310/10.

167 A.D.3d 981 (2018)

91 N.Y.S.3d 444

2018 NY Slip Op 08915

Element E, LLC, Appellant, v. Allyson Enterprises, Inc., Respondent, et al., Defendants.

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

Decided December 26, 2018.

Ordered that the order is reversed, on the law, without costs or disbursements, that branch of the plaintiff's motion which was to restore the action to the active calendar is granted, and that branch of the plaintiff's motion which was for an extension of time to file a note of issue is granted to the extent that the matter is remitted to the Supreme Court, Nassau County, for the issuance of a 90-day notice in accordance with CPLR 3216.

On January 14, 2013, during...

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