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BLACKMON v. MEO

284 A.D.2d 711 (2001)

726 N.Y.S.2d 757

LINDA J. BLACKMON, Respondent, v. DAVID R. MEO, Appellant.

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

Decided June 14, 2001.

Lahtinen, J.

This personal injury action was commenced in February 1998 and issue was joined the following month. In May 1999, a scheduling order was entered requiring, inter alia, plaintiff to file a note of issue by February 1, 2000. In September 1999, despite the scheduling order, defendant served a 90-day demand pursuant to CPLR 3216 (b) (3) and, in April 2000 with no note of issue having been filed, moved to dismiss the complaint pursuant to CPLR 3216...

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