Rodriguez v. Five Towns Nissan
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*834The certification order dated March 26, 2008, which directed the plaintiff to file a note of issue within 90 days, and stated that the failure to file a note of issue would result in dismissal of the action, had the same effect as a valid 90-day notice pursuant to CPLR 3216 (see Petersen v Lysaght, Lysaght & Kramer, PC., 47 AD3d 783 [2008]; Louis v MTA Long Is. Bus Co., 44 AD3d 628 [2007]; Hoffman v Kessler, 28 AD3d 718 [2006]). The plaintiff failed either to comply with the directive, or move, before the default date, for an extension of time to comply and, therefore, the action was properly…
2Cases cited11 opinions
- People v. LandaAppellate Division of the Supreme Court of the State of New York · 2006
- Vinikour v. Jamaica HospitalAppellate Division of the Supreme Court of the State of New York · 2003
- Petersen v. Lysaght, Lysaght & Kramer, P.C.Appellate Division of the Supreme Court of the State of New York · 2008
- Bokhari v. Home Depot U.S.A., Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Krzyanowski v. Eveready InsuranceAppellate Division of the Supreme Court of the State of New York · 2006
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Fenner v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2011
- Stallone v. RichardAppellate Division of the Supreme Court of the State of New York · 2012
- M.V.B. Collision, Inc. v. BermanAppellate Division of the Supreme Court of the State of New York · 2011
- Darty v. Hempstead Village Housing AssociatesAppellate Division of the Supreme Court of the State of New York · 2012
- Byers v. Winthrop University HospitalAppellate Division of the Supreme Court of the State of New York · 2012
4 more not listed; retrieve them via the Exa API.