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TARZIA v. BROOKHAVEN NATL. LAB.

2019-04266. Index No. 13864/96.

186 A.D.3d 1557 (2020)

131 N.Y.S.3d 354

2020 NY Slip Op 05072

Ann Tarzia et al., Appellants, v. Brookhaven National Laboratory et al., Defendants, and Associated Universities, Inc., Respondent.

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

Decided September 23, 2020.

In 1996, the plaintiffs commenced this action to recover damages for personal injuries allegedly arising from the release of hazardous substances into groundwater. On March 22, 2017, the defendant Associated Universities, Inc. (hereinafter Associated), served upon the plaintiffs a notice and demand for the plaintiffs to resume prosecution of the action and to serve a note of issue within 90 days pursuant to CPLR 3216 (hereinafter the 90-day demand). In June 2017, after the...

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