Estate of Hamilton v. Nassau Suffolk Home Health Care, Inc.

In an action to recover damages for wrongful death, the plaintiff appeals from an order of the Supreme Court, Nassau County (Lally, J.), dated October 1, 2002, which denied its motion to vacate its default in failing to timely file a note of issue in response to a CPLR 3216 demand, and directed that the complaint be dismissed.

Ordered that the order is affirmed, with costs.

It is well settled that upon receipt of a defendant’s 90-day notice pursuant to CPLR 3216, a plaintiff is required either to file a note of issue within 90 days or move before the default date for an extension of time within…