Caraballo v. Montefiore Medical Center

In this action alleging medical malpractice, the court served plaintiff with a CPLR 3216 notice, directing him to file his note of issue within 90 days or face dismissal. Plaintiff subsequently obtained two extensions of time to file and while the first order referenced the court’s original CPLR 3216 notice, the second, which granted an 85-day extension, stated only that “plaintiff *639must file [the note of issue] on or before 9/30/08.” Plaintiff failed to file or otherwise move prior to the last extension expiring, and, on September 30, 2008, the court sua sponte dismissed the action.

To vacate…