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Rahman v Consolidated Edison Company of New York, Inc.
2008 NY Slip Op 50225(U) [18 Misc 3d 136(A)]
Decided on February 8, 2008
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on February 8, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKEON, P.J., DAVIS, HEITLER, JJ
570223/07.

Muhammad Rahman, Plaintiff-Respondent,

against

Consolidated Edison Company of New York, Inc., Defendant-Appellant.


Defendant appeals from an order of the Civil Court of the City of New York, New York County (Geoffrey D. Wright, J.), entered February 5, 2007, which denied its motion to dismiss the complaint.


Per Curiam.

Order (Geoffrey D. Wright, J.), dated January 2, 2007, affirmed, without costs.

As the motion court properly recognized, defendant's failure to serve a 90-day demand pursuant to CPLR 3216(b)(3) was fatal to its motion to dismiss the complaint for lack of prosecution (see Carino Italian Style, S.R.L. v Shammah, 226 AD2d 1 [1999]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: February 8, 2008