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O'HARA v. BAYLINER

224 A.D.2d 353 (1996)

638 N.Y.S.2d 311

Eileen O'Hara, Respondent, v. Bayliner et al., Appellants, et al., Defendants

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

February 29, 1996

Wallach, J., concurs in part and dissents in part in a memorandum as follows:

In this action stemming from a personal injury suffered in 1990, Bayliner (manufacturer of the boat) was timely served with process in August 1993, but that original action was dismissed for failure to file proof of service of the summons and complaint in a timely fashion (CPLR 306-b). A new action was commenced in 1994 against Perko...

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