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BENEDETTO v. BIG V SUPERMARKETS

126 Misc.2d 488 (1984)

Mary Benedetto, Plaintiff, v. Big V Supermarkets, Inc., Doing Business as Shop Rite Supermarket, et al., Defendants.

Supreme Court, Dutchess County.

November 18, 1984

Attorney(s) appearing for the Case

Kenneth J. Burke for Big V Supermarkets, defendant. John Hyland and John J. Walsh for plaintiff. J. Russell Clune, P. C., for Caldors, Inc., defendant. Marvin & Stanton for Monitor Management, Inc., defendant.

RALPH A. BEISNER, J.

On July 7, 1981, plaintiff in this action allegedly suffered a slip and fall which caused a lawsuit for personal injuries to be instituted against Big V Supermarkets, Inc., doing business as Shop Rite Supermarket, along with two other defendants. The instant application seeks dismissal pursuant to CPLR 3212 on the grounds that no jurisdiction has ever been obtained over Big V Supermarkets, owing to defective service.

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