Mehta v. Chugh

The court improperly dismissed the complaint on the ground that plaintiff defied the court’s order to serve and file a note of issue. Although court orders may constitute a “written demand” to serve and file a note of issue under CPLR 3216 (b) (3) (see e.g. Basile v Chhabra, 24 AD3d 149, 150 [1st Dept 2005]), the March 2011 order here, which directed that the note of issue be filed by April 22, 2011, did not give plaintiff the required 90 days to serve and file a note of issue, or contain a statement that failure to timely do so would serve as a basis for a motion to dismiss (see CPLR 3216…