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MESZAROS v. INDIVERI

36 Misc.2d 632 (1962)

Joseph Meszaros, Plaintiff, v. Caroline Indiveri, as Executrix of Lawrence Indiveri, Deceased, et al., Defendants.

Supreme Court, Special Term, Nassau County.

September 11, 1962

Attorney(s) appearing for the Case

Balletta & Weintraub for Caroline Indiveri, as executrix of Lawrence Indiveri, deceased, defendant. Morris Winter for Mel W. Sheldon and another, defendants. Katzman, Brody & Segal for plaintiff.

PAUL J. WIDLITZ, J.

The defendant, Caroline Indiveri, seeks an order canceling a notice of lien filed by the plaintiff and the dismissal of the complaint for failure to file a notice of pendency of the action. The codefendants, Sheldon, move to dismiss the action for failure to commence the action within the applicable period of limitations (Rules Civ. Prac., rule 107, subd. 5).

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