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WING v. CHAMMAS

78 A.D.2d 887 (1980)

Claire M. Wing, Respondent, v. Samir Chammas et al., Appellants

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

November 17, 1980

Order reversed, on the law, with $50 costs and disbursements, motion granted, and complaint dismissed.

Plaintiff commenced this action on September 25, 1976 and issue was joined on December 10, 1976 by service of an answer by defendant Samir Chammas and on March 9, 1977 by service of an answer by defendant Ada Chammas. Subsequently, on June 25, 1979, defendants served a notice on plaintiff's attorney pursuant to CPLR 3216, demanding that plaintiff file a note

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