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MONTEFERRANTE v. NEW YORK CITY FIRE DEP'T

53 N.Y.2d 653 (1981)

Helen Monteferrante, Appellant, v. New York City Fire Department et al., Defendants, and Uniform Firefighters Association, Respondent.

Court of Appeals of the State of New York.

Decided March 26, 1981.

Attorney(s) appearing for the Case

Robert A. Goldstein for appellant.

Emilio Nunez and Edward M. Edenbaum for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The court determined that defendant Uniformed Firefighters Association's motion pursuant to CPLR 3216 to dismiss the complaint against it (for plaintiff's failure to serve and file a note of issue within 90 days following demand) should have been granted. That determination was made, inter alia, in the exercise of discretion. On...

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