Practice point: The Appellate Division reversed and denied the individual defendant's motion, finding that plaintiff's failure to file a note of issue within 90 days of the CPLR 3216 demand was the result of defendant's non-compliance with the notices to take its employee's deposition and for an inspection of its premises.
Student note: The corporate defendant's cross motion to dismiss was denied, as it did not serve its own 90-day notice.
Case: Walker v. Gibbons, NY Slip Op 01590 (1st Dep't 2016)
Here is the decision.
Tomorrow's issue: A cause of action for defamation.
