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BOARD OF MANAGERS OF THE 129. LAFAYETTE STREET CONDOMINIUM, plf-ap, v. 129 LAFAYETTE STREET, LLC, def-res, WILLIAM FEGAN def

9290. BOARD OF MANAGERS OF THE 129. LAFAYETTE STREET CONDOMINIUM, plf-ap, v. 129 LAFAYETTE STREET, LLC, def-res, WILLIAM FEGAN def — Rosabianca & Associates, P.L.L.C., New York (Jeremy Panzella of counsel), for ap — Wrobel & Schatz, LLP, New York (M. Katherine Sherman of counsel), for res — Order, Supreme Court, New York County (Louis B. York, J.), entered August 16, 2011, which dismissed the action pursuant to CPLR 3126, unanimously affirmed, without costs.

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9290. BOARD OF MANAGERS OF THE 129. LAFAYETTE STREET CONDOMINIUM, plf-ap, v. 129 LAFAYETTE STREET, LLC, def-res, WILLIAM FEGAN def — Rosabianca & Associates, P.L.L.C., New York (Jeremy Panzella of counsel), for ap — Wrobel & Schatz, LLP, New York (M. Katherine Sherman of counsel), for res — Order, Supreme Court, New York County (Louis B. York, J.), entered August 16, 2011, which dismissed the action pursuant to CPLR 3126, unanimously affirmed, without costs.

It is quite clear that the court dismissed this action due to plaintiff’s repeated failures to adhere to the court’s discovery orders. Thus, we reject plaintiff’s argument that the court meant to dismiss this action pursuant to CPLR 3216 instead of 3126. It is also clear that the order was not entered until August 16, 2011. Therefore, we reject plaintiff’s argument that the court dismissed the action before the August 5, 2011 deadline to file the note of issue.

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