Alli v. Baijnath
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a compliance conference order dated January 21, 2009, the Supreme Court directed the plaintiff to file a note of issue on or before June 23, 2009, “or [the] action may be dismissed.” The order further provided, “[t]his Order does not constitute a CPLR . . .3216 Notice.” The plaintiff failed to file her note of issue on or before June 23, 2009. On August 28, 2009, the matter was marked “disposed.” Thereafter, the plaintiff moved to restore the action to the active calendar, extend the time to file a note of issue, and schedule all outstanding discovery. The Supreme Court found that the…
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