Legal Opinion

Gagnon v. Campbell

Appellate Division of the Supreme Court of the State of New York

Decided July 26, 2011PublishedCited by 10 opinions

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…

2Cases cited10 opinions

  1. Bokhari v. Home Depot U.S.A., Inc.Appellate Division of the Supreme Court of the State of New York · 2004
  2. Picot v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2008
  3. Mckinney v. CorbyAppellate Division of the Supreme Court of the State of New York · 2002
  4. Flomenhaft v. BaronAppellate Division of the Supreme Court of the State of New York · 2001
  5. Berktas v. McMillianAppellate Division of the Supreme Court of the State of New York · 2007

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3Cited by10 opinions

  1. Cope v. BarakaatAppellate Division of the Supreme Court of the State of New York · 2011
  2. Belson v. Dix Hills Air Conditioning, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
  3. Aikhoje v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2025
  4. Butters v. PayneAppellate Division of the Supreme Court of the State of New York · 2019
  5. Cintron v. CarterAppellate Division of the Supreme Court of the State of New York · 2024

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