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EMPIRE FIND REALTY, INC. v. MARYLAND CAS. INSUR. CO.

42 A.D.2d 699 (1973)

Empire Find Realty, Inc., Appellant, v. Maryland Casualty Insur. Co., Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 2, 1973

Order reversed, without costs, defendant's motion denied and plaintiff's cross motion granted.

The complaint must be served within 20 days after entry of the order to be made hereon. In our opinion, the settlement negotiations which continued after defendant made a demand for a complaint adequately explains plaintiff's failure to comply with defendant's demand (see Straughter v. Francis, 47 Misc.2d 421

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