Appellate Division of the Supreme Court of the State of New York February 21, 2012 (Saginor v. Brook)

The defendants Richard E. Brook and Marc G. Schultz (hereinafter together the defendants) served 90-day demands upon the plaintiff pursuant to CPLR 3216. Schultz’s 90-day demand was received on January 16, 2009. The parties dispute whether Brook’s 90-day demand was received on January 7, or January 8, 2009.