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MIRANDA v. JOHNSON

80 A.D.2d 513 (1981)

Milagros Miranda, Respondent, v. Archif Johnson, Defendant, and Toledo Taxi, Inc., Appellant

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

February 5, 1981

Plaintiff commenced this action by service of summons on December 2, 1976 seeking to recover for personal injuries allegedly sustained as the result of a motor vehicle accident on May 14, 1975. Issue was joined on August 1, 1977. On July 14, 1979 defendant served a 90-day notice and moved to dismiss on October 25, 1979, pursuant to CPLR 3216. There had been a 26-month hiatus in which plaintiff had failed to serve a bill of particulars. Plaintiff's explanation to Special Term...

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