Legal Opinion
Levin v. Levin
Appellate Division of the Supreme Court of the State of New York
Decided December 16, 1998PublishedCited by 4 opinions
1Opinion of the Court
—In an action, inter alia, for an accounting, the defendant appeals from an order of the Supreme Court, Richmond County (Sangiorgio, J.), dated June 23, 1997, which, inter alia, denied that branch of his motion which was to dismiss the complaint pursuant to CPLR 3216.
Ordered that the order is reversed, on the law, with costs, that branch of the defendant’s motion which was to dismiss the complaint pursuant to CPLR 3216 is granted, and the complaint is dismissed.
*448Having been served with a 90-day notice pursuant to CPLR 3216, it was incumbent upon the plaintiff to comply therewith by filing a…
2Cases cited6 opinions
- Papadopoulas v. R.B. Supply Corp.Appellate Division of the Supreme Court of the State of New York · 1989
- Turman v. Amity OBG AssociatesAppellate Division of the Supreme Court of the State of New York · 1991
- Rubin v. BaglioAppellate Division of the Supreme Court of the State of New York · 1996
- Lopez v. Pathmark Supermarket, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- Spierto v. PennisiAppellate Division of the Supreme Court of the State of New York · 1996
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3Cited by4 opinions
- Koehler v. Sei Young ChoiAppellate Division of the Supreme Court of the State of New York · 2008
- Moran v. Pathmark Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Cecere v. PetersAppellate Division of the Supreme Court of the State of New York · 2000
- Goldberg v. TunstallAppellate Division of the Supreme Court of the State of New York · 2002