Vijax Corp. v. Jacobs

—In an action to recover damages for goods sold and delivered and on an account stated, the plaintiff appeals from an order of the Supreme Court, Kings County (Schneier, J.), dated April 23, 1999, which granted that branch of the defendant’s motion which was to dismiss the action for want of prosecution and denied, as academic, its cross motion for an extension of time to file a note of issue.

Ordered that the order is affirmed, with costs.

After the defendant served the plaintiff with a 90-day notice pursuant to CPLR 3216, the plaintiff had to either file a note of issue or move within 90 days…