Legal Opinion
M.V.B. Collision, Inc. v. Berman
Appellate Division of the Supreme Court of the State of New York
Decided July 5, 2011PublishedCited by 3 opinions
1Opinion of the Court
The certification order of the Supreme Court dated March 17, 2010, directing the plaintiff to file a note of issue within 90 days, and warning that the action would be deemed dismissed without further order of the Supreme Court if the plaintiff failed to comply with that directive, had the same effect as a valid 90-day notice pursuant to CPLR 3216 (see Fenner v County of Nassau, 80 AD3d 555 [2011]; Sicoli v Sasson, 76 AD3d 1002, 1003 [2010]; Rodriguez v Five Towns Nissan, 69 AD3d 833, 834 [2010]). Having received a 90-day notice, the plaintiff was required either to serve and file a timely…
2Cases cited10 opinions
- Petersen v. Lysaght, Lysaght & Kramer, P.C.Appellate Division of the Supreme Court of the State of New York · 2008
- Fenner v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2011
- Giannoccoli v. One Central Park West AssociatesAppellate Division of the Supreme Court of the State of New York · 2005
- Felix v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2008
- Hall v. BarnesAppellate Division of the Supreme Court of the State of New York · 1996
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3Cited by3 opinions
- Darty v. Hempstead Village Housing AssociatesAppellate Division of the Supreme Court of the State of New York · 2012
- Walker v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2011
- Gannon v. JulianoAppellate Division of the Supreme Court of the State of New York · 2012