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RODRIGUEZ v. DIALLO

2019-04554. Index No. 706545/14.

186 A.D.3d 770 (2020)

127 N.Y.S.3d 269

2020 NY Slip Op 04609

Rosaelia Rodriguez et al., Appellants, v. Thierno H. Diallo, Respondent.

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

Decided August 19, 2020.

Ordered that the order is affirmed insofar as appealed from, with costs.

On October 7, 2011, the plaintiffs allegedly were injured in a motor vehicle accident in Queens County. On September 14, 2014, the plaintiffs commenced this personal injury action against the defendant, who owned and operated the other vehicle involved in the accident. On November 7, 2017, pursuant to CPLR 3216(b)(3), the defendant served the plaintiffs with a 90-day demand to resume the prosecution...

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