Santiago v. Grenadier Realty Corp.

In an action, inter alia, to recover damages for wrongful death, the defendants appeal from an order of the Supreme Court, Kings County (F. Rivera, J.), dated November 20, 2003, which denied their motion pursuant to CPLR 3216 to dismiss the complaint for failure to prosecute.

Ordered that the order is affirmed, with costs.

On April 10, 2003, the defendants served the plaintiff with a 90-day notice pursuant to CPLR 3216. The plaintiff did not comply with the notice by filing a note of issue or by moving, before the default date, either to vacate the notice or extend the 90-day period (see Davis…