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BUILDERS MECHANIC CO. v. CLAIBORNE

277 A.D.2d 193 (2000)

715 N.Y.S.2d 871

BUILDERS MECHANIC CO., Appellant, v. SAMUEL CLAIBORNE, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided November 6, 2000.

Ordered that the order is affirmed insofar as appealed from, with costs.

"In order to avoid a default, a plaintiff served with a 90 day notice pursuant to CPLR 3216 must comply either by timely filing a note of issue or moving for an extension of time within which to comply pursuant to CPLR 2004 (see, Papadopoulas v R.B. Supply Corp., 152 A.D.2d 552). Having failed to pursue either of the foregoing options, the plaintiff...

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