STOKES v. McKEITHAN


172 A.D.2d 1077 (1991)

Malcolm Stokes et al., Respondents, v. Benjamin McKeithan, Appellant

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

April 26, 1991


Order unanimously reversed on the law without costs, motion granted, and complaint dismissed.

Memorandum:

Plaintiffs commenced this action in October 1983, seeking damages for personal injuries suffered in an automobile accident. On November 14, 1983, defendant served an answer, a demand for a bill of particulars, and a notice for discovery and inspection. No action was taken by plaintiffs. On August 15, 1988, defendant served, by certified mail, a 90-day...

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