Basso v. Lessing's Inc.
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, Suffolk County (Emerson, J.), entered October 20, 1998, which granted the defendant’s motion pursuant to CPLR 3216 to dismiss the complaint.
Ordered that the order is affirmed, with costs.
On April 2, 1998, the defendant served the plaintiffs with a 90-day demand pursuant to CPLR 3216. The mailing receipt states that it was received by the plaintiffs’ counsel on April 6, 1998. In response to this 90-day demand, the plaintiffs did not *489move to vacate it, nor did they file a note…
2Cases cited4 opinions
- Papadopoulas v. R.B. Supply Corp.Appellate Division of the Supreme Court of the State of New York · 1989
- Turman v. Amity OBG AssociatesAppellate Division of the Supreme Court of the State of New York · 1991
- Wilson v. NembhardtAppellate Division of the Supreme Court of the State of New York · 1992
- Abelard v. Interfaith Medical CenterAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by6 opinions
- Tietz v. BlattAppellate Division of the Supreme Court of the State of New York · 2001
- Ramcharan v. PariserAppellate Division of the Supreme Court of the State of New York · 2005
- Garcia v. RoopnarineAppellate Division of the Supreme Court of the State of New York · 2005
- Akler v. Booth Memorial Hospital Medical CenterAppellate Division of the Supreme Court of the State of New York · 2001
- Biggs v. Mary Immaculate HospitalAppellate Division of the Supreme Court of the State of New York · 2001
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