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ITSKOV v. MENORAH HOME AND HOSPITAL FOR THE AGED AND INFIRM

2008-11220

68 A.D.3d 723 (2009)

2009 NY Slip Op 8999

890 N.Y.S.2d 105

NAUM ITSKOV et al., Respondents, v. MENORAH HOME AND HOSPITAL FOR THE AGED AND INFIRM, Appellant.

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

Decided December 1, 2009.

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

CPLR 3216 permits a court to dismiss an action for want of prosecution only after the court or the defendant has served the plaintiff with a written notice demanding that the plaintiff resume prosecution of the action and serve and file a note of issue within 90 days after receipt of the demand, and also stating that the failure to comply with the demand will serve as the basis for a motion to...

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