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FICHERA v. CITY OF NEW YORK

79 A.D.2d 597 (1980)

Vita Fichera, Respondent, v. City of New York, Respondent, and Waxman Management Corp., Appellant

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

December 1, 1980

Order reversed, on the law, without costs or disbursements, the motion of defendant Waxman Management Corp. is granted, and the complaint is dismissed as against said defendant.

On April 19, 1979, almost three years after joinder of issue, defendant Waxman Management Corp. served plaintiff's attorney with a 90-day "demand" pursuant to CPLR 3216 (subd [b], par [3]), in the manner prescribed by law. Plaintiff does not dispute...

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