GOURDET v. HERSHFELD


277 A.D.2d 422 (2000)

716 N.Y.S.2d 714

LYNEE A. F. GOURDET, Respondent, v. ALVIN T. HERSHFELD et al., Appellants.

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

Decided November 27, 2000.


Ordered that the order is reversed, on the law, with one bill of costs, the plaintiff's motion is denied, and the order dated December 10, 1999, is reinstated.

In response to a 90-day demand pursuant to CPLR 3216, the plaintiff failed to timely file a note of issue. Thereafter, the defendants separately moved to dismiss the complaint. The Supreme Court granted the motions upon the plaintiff's default in opposing them. The plaintiff then moved to vacate her default...

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