New York Timber, LLC v. Seneca Companies
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Kings County (Knipel, J.), dated October 10, 2014, which granted the plaintiff’s motion for leave to extend the time to file a note of issue and, in effect, denied its cross motion pursuant to CPLR 3126 to strike the complaint.
Ordered that the order is affirmed, with costs.
Contrary to the defendant’s contention, CPLR 3404 does not apply to this pre-note of issue case (see Goodman v Lempa, 124 AD3d 581 [2015]; Dokaj v Ruxton Tower Ltd. Partnership, 55 AD3d 661 [2008]; Suburban…
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