Canzoneri v. Wigand Corp.

—In an action to recover damages for personal injuries, the plaintiff appeals from so much of an order of the Supreme Court, Kings County (I. Aronin, J.), dated October 14, 1993, as, upon reargument, adhered to its prior determination denying the plaintiff’s motion to strike a 90-day notice and granting the cross motion of the defendant Wigand Corporation to dismiss the complaint pursuant to CPLR 3216.

Ordered that the order is reversed insofar as appealed from, with costs, the motion is granted and the cross motion is denied.

The respondent served the plaintiff with a 90-day notice (see, CPLR…