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SUDEROV v. ROBYN INDUS.

130 Misc.2d 339 (1985)

Phyllis P. Suderov, Petitioner, v. Robyn Industries, Inc., et al., Respondents.

City Court of Mount Vernon, Westchester County.

November 13, 1985

Attorney(s) appearing for the Case

Messinger, Posner & Geis (Herbert Posner of counsel), for Robyn Industries and another, respondents. Eisenberg & Lever (Joel Lever of counsel), for Noah Lewis and others, respondents. Stanford A. Schwartz for petitioner.

ANTHONY A. SCARPINO, JR., J.

Respondents have made a motion to dismiss the petition on two grounds. First, that the petition was not actually signed by the petitioner, Phyllis P. Suderov. Second, that pursuant to RPAPL 735 (2) the petition and proof of service were not filed with the court within three days after service upon the respondents.

The facts of this case are as follows: Petitioner on Thursday, October 31, 1985, had personally served...

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