Opinion
May 22, 1967
On the court's own motion, the decision dated April 3, 1967 is amended to read as follows: "Order of the Supreme Court, Queens County, dated April 25, 1966, reversed, without costs, and motion to dismiss the complaint as to defendant Shore Holding Corp. and defendants Lee Kosh and Isaac Dubow (sued as 'John Doe' and other fictitious names), doing business as Atlantic Beach Day Camp, granted on the ground that plaintiffs failed to comply with a notice served upon them pursuant to CPLR 3216 that they file a note of issue within 45 days. Action as against said defendants severed accordingly. Plaintiffs failed to comply with the demand and have not shown a justifiable excuse for the delay ( Arvanitakis v. Realty Equities-1961 Corp., 26 A.D.2d 825; Podheiser v. Somerstein Caterers, 26 A.D.2d 789, and cases there cited; Pernise v. Di Giacomo, 25 A.D.2d 447 and Askew v. Rose Joy Corp., 25 A.D.2d 679)." Order of this court dated April 3, 1967 amended accordingly. Ughetta, Acting P.J., Christ, Rabin, Benjamin and Munder, JJ., concur.