Middleton v. John Luther & Son

Order unanimously reversed on the law without costs, motion denied, cross motions granted and complaint dismissed. Memorandum: Supreme Court abused its discretion in granting the motion of plaintiff *954for an extension of time to file a note of issue and in denying the cross motions of defendants to dismiss the complaint for failure to serve a note of issue within 90 days after having been served with 90-day notices pursuant to CPLR 3216. Plaintiff was required to file a note of issue or to move before the default date either to extend the 90-day period or to vacate the notices (see, Spierto v…