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BOGER v. CITY OF NEW YORK

233 A.D.2d 182 (1996)

649 N.Y.S.2d 661

Martha Anne Boger, Appellant, v. City of New York et al., Defendants, and National Railroad Passenger Corporation, Doing Business as Amtrak, Respondent

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

November 14, 1996

In this action commenced in February 1990, plaintiff sought damages for bodily injuries allegedly sustained in a slip and fall. The action was marked off calendar on December 7, 1993, for plaintiff's failure to attend a preliminary conference. In response to defendant-respondent's motion to dismiss in March of 1995, plaintiff's counsel claimed that he was never served with a 90-day notice and that his adversaries did not notify...

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