Johnson v. State Farm Mutual Automobile Insurance

—In an action to recover damages for breach of an insurance contract, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Burke, J.), which granted the defendant’s motion to dismiss the complaint pursuant to CPLR 3216.

Ordered that the order is affirmed, with costs.

Having been served with a 90-day notice pursuant to CPLR 3216, the plaintiff was obligated to file a note of issue or move, before the default date, to either vacate the notice or extend the 90-day period (see, Moran v Pathmark Stores, 278 AD2d 208; Rubin v Baglio, 234 AD2d 534; Lopez v Pathmark Supermarket,…