Capowski v. Arlington Central School District

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Dutchess County (Pagones, J.), dated March 10, 2004, which granted the defendants’ motion to dismiss the complaint for failure to comply with a 90-day demand pursuant to CPLR 3216 (b) (3).

Ordered that the order is reversed, on the facts and as a matter of discretion, with costs, the motion is denied, and the complaint is reinstated.

The Supreme Court granted the defendant’s motion to dismiss the complaint based upon the plaintiffs failure to comply with a 90-day demand to file a…