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AKLER v. BOOTH MEMORIAL HOSPITAL MEDICAL CENTER

285 A.D.2d 438 (2001)

727 N.Y.S.2d 337

GILDA AKLER et al., Appellants, v. BOOTH MEMORIAL HOSPITAL MEDICAL CENTER et al., Respondents.

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

Decided July 2, 2001.

Ordered that the judgment is affirmed, with costs.

After properly being served with a 90-day notice, the plaintiffs failed to comply therewith by either filing a note of issue or moving, before the default date, to vacate the notice or extend the 90-day period (see, Turman v Amity OBG Assocs., 170 A.D.2d 668). Accordingly, to avoid dismissal pursuant to CPLR 3216, the plaintiffs were required to provide a reasonable excuse...

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