Heifetz v. Godoy
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for negligence and breach of contract, the defendant appeals from an order of the Supreme Court, Kangs County (Kurtz, J.), dated June 1, 2006, which granted the plaintiffs’ motion to restore the action to active status and to extend their time to file a note of issue, and denied its cross motion pursuant to CPLR 3216 to dismiss the action.
Ordered that the order is affirmed, with costs.
Contrary to the defendant’s contention, the compliance conference order dated September 14, 2004 could not be deemed a 90-day demand pursuant to CPLR 3216 since it gave the…
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- Wasif v. KhanAppellate Division of the Supreme Court of the State of New York · 2011
- Ratway v. DonnenfeldAppellate Division of the Supreme Court of the State of New York · 2007
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