Rijo v. McLaughlin

Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered October 17, 2002, which, inter alia, denied plaintiffs’ motion to vacate the dismissal of their action, unanimously affirmed, without costs.

Over three years after commencement of this medical malpractice action, plaintiffs’ counsel was served, by the court on its own initiative, with a written 90-day notice to resume prosecution by filing a note of issue. It is conceded that counsel acknowledged receipt of the 90-day notice by signing the notice in open court. Accordingly, plaintiffs were required either to file a note of issue…