Benitez v. Mutual of America Life Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Queens County (Grays, J.), entered February 25, 2004, which, upon an order of the same court dated November 28, 2003, denying his motion to vacate the dismissal of the action pursuant to CPLR 3216, to restore the action to the active calendar, and to file a note of issue, dismissed the action.
Ordered that the judgment is affirmed, with costs.
Contrary to the plaintiffs contentions, the compliance conference order had the same effect as a valid 90-day notice pursuant to CPLR 3216…
2Cases cited8 opinions
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- Vinikour v. Jamaica HospitalAppellate Division of the Supreme Court of the State of New York · 2003
- Bokhari v. Home Depot U.S.A., Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Aguilar v. KnutsonAppellate Division of the Supreme Court of the State of New York · 2002
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3Cited by11 opinions
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- Dominguez v. Jamaica Medical CenterAppellate Division of the Supreme Court of the State of New York · 2010
- Misun Lee v. RadAppellate Division of the Supreme Court of the State of New York · 2015
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