VITA v. HELLER


97 A.D.2d 464 (1983)

Christine Vita, Respondent, v. Martin A. Heller et al., Appellants

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

October 17, 1983


Order modified by deleting therefrom the provisions denying defendants' motion to dismiss plaintiff's action and directing defendants to accept plaintiff's complaint. As so modified, order affirmed insofar as appealed from, without costs or disbursements, and matter remitted to the Supreme Court, Westchester County, for a hearing and new determination in accordance herewith.

Plaintiff commenced the instant action by service of a summons only on July 19, 1980. Thereafter...

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