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FOLEY v. WEST-HERR AUTOMOTIVE GROUP, INC.

63 A.D.3d 1680 (2009)

881 N.Y.S.2d 916

CHERYL FOLEY et al., Appellants, v. WEST-HERR AUTOMOTIVE GROUP, INC., Defendant, and WEST-HERR FORD, INC., et al., Respondents.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided June 12, 2009.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Supreme Court did not abuse its discretion in denying the motion of plaintiffs seeking permission to conduct further discovery and to vacate the court's demand to serve and file a note of issue pursuant to CPLR 3216 (b) (3) within 90 days. The court's demand provided that, in the event that plaintiffs failed to comply with the demand, the court upon its own motion...

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