Raffa v. Cook
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, etc., the plaintiffs appeal from an order of the Supreme Court, Dutchess County (Pagones, J.), dated February 26, 2001, which denied their motion purportedly pursuant to CPLR 3404 to restore the action to the trial calendar and granted the defendants’ cross motion to dismiss the complaint pursuant to CPLR 3216 for failure to prosecute.
Ordered that the order is affirmed, with costs.
The plaintiffs, having been served with a 90-day demand pursuant to CPLR 3216, were required to comply with the demand by filing a note of issue or by moving,…
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