Kushner v. Woodcliff

Appeal from an order of the Supreme Court at Special Term, entered June 2, 1979 in Ulster County, which dismissed the complaint. Although plaintiff defaulted on the motion to dismiss at Special-Term, on the appeal she argues for the first time that since the 90-day notice, required by CPLR 3216 (subd [b], par [3]) was served more than 90 days prior to the expiration of one year from the date of joinder of issue, the notice should be treated as a nullity and the order of Special Term reversed. We disagree. Premature service of the 90-day notice is permissible (Meyer v Ford Motor Co., 27 AD2d…