Practice point: A certification order warning that dismissal will result from failure to file a note of issue within 90 days is of the same effect as a 90-day notice pursuant to CPLR 3216.
Students should note that plaintiff must either timely file or move to extend the time.
Case: Polizzi v. Burke, NY Slip Op 03096 (2d Dept. 2010)
The opinion is here .
Tomorrow's issue: Motion practice.
