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PAPPOE v. CUSTODIO

156 A.D.2d 211 (1989)

Eric Pappoe, Respondent, v. Israel Custodio, Defendant, and New York Zone Warehouse, Inc., Appellant

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

December 12, 1989

Although plaintiff's action became subject to dismissal after the passing of one year from the time of defendant's default (CPLR 3215 [c]; Perricone v City of New York, 62 N.Y.2d 661), the record indicates a forebearance by plaintiff so as to allow defendant's insurance carrier to investigate and defend in this automobile negligence action. The affidavit of merit by plaintiff is uncontested (see, Woodward v City of New...

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