Gagnon v. Campbell
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*624The defendant served the plaintiffs attorney with a valid 90-day demand pursuant to CPLR 3216 on January 9, 2008. Upon receipt of the 90-day demand, the plaintiff was required to comply with it either by serving and filing a timely note of issue or by moving, before the default date, to vacate the demand or to extend the 90-day period pursuant to CPLR 2004 (see Sanchez v Serje, 78 AD3d 1155, 1156 [2010]; Bokhari v Home Depot U.S.A., 4 AD3d 381 [2004]; McKinney v Corby, 295 AD2d 580, 581 [2002]). Having failed to pursue any of the foregoing options, the plaintiff was obligated to demonstrate a…
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