Legal Opinion
Saginor v. Brook
Appellate Division of the Supreme Court of the State of New York
Decided February 21, 2012PublishedCited by 5 opinions
1Opinion of the Court
The defendants Richard E. Brook and Marc G. Schultz (hereinafter together the defendants) served 90-day demands upon the plaintiff pursuant to CPLR 3216. Schultz’s 90-day demand was received on January 16, 2009. The parties dispute whether Brook’s 90-day demand was received on January 7, or January 8, 2009.
Upon receipt of the 90-day demands, the plaintiff was required to comply with them either by filing a timely note of issue or by moving, before the default date, to vacate the demands or to extend the 90-day period pursuant to CPLR 2004 (see Sanchez v Serje, 78 AD3d 1155, 1156 [2010]). By…
2Cases cited3 opinions
- Rivera v. Glen Oaks Village Owners, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Sanchez v. SerjeAppellate Division of the Supreme Court of the State of New York · 2010
- Harrington v. TobackAppellate Division of the Supreme Court of the State of New York · 2006
3Cited by5 opinions
- Jedraszak v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 2013
- Amos v. Southampton HospitalAppellate Division of the Supreme Court of the State of New York · 2015
- Garcia v. North Shore Long Island Jewish Forest Hills HospitalAppellate Division of the Supreme Court of the State of New York · 2012
- Garcia v. North Shore Long Island Jewish Forest Hills HospitalAppellate Division of the Supreme Court of the State of New York · 2012
- Jedraszak v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 2013