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176-60 UNION TURNPIKE, INC. v. KLINGER

284 A.D.2d 380 (2001)

725 N.Y.S.2d 899

176-60 UNION TURNPIKE, INC., Respondent, v. EDWARD J. KLINGER et al., Appellants.

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

Decided June 11, 2001.

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

The period within which to comply with a 90-day demand to resume prosecution is measured from the date of receipt of the demand, rather than from the date of service (see, CPLR 3216 [b] [3]; Indemnity Ins. Co. v Lamendola, 261 A.D.2d 580; Public Serv. Mut. Ins. Co. v Zucker, 225 A.D.2d 308; Juracka...

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