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COSENZA v. MALVIN

158 A.D.2d 653 (1990)

Robert Cosenza, as Father and Natural Guardian of Robert Cosenza, Jr., an Infant, Respondent, v. Theodore J. Malvin, as Executor of Ralph A. Santini, Deceased, Appellant, et al., Defendant

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

February 26, 1990

Ordered that the order is affirmed insofar as appealed from, with costs.

According to the defendant Theodore J. Malvin, executor of the estate of Ralph A. Santini, M.D. (hereinafter Malvin), the note of issue, which the record reflects was filed in 1983, was served in response to his demand pursuant to CPLR 3216 to serve and file a note of issue within 90 days. By order entered January 3, 1986, the Supreme Court, Westchester...

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