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VELASQUEZ v. NEWELL

233 A.D.2d 390 (1996)

650 N.Y.S.2d 565

Marcial Velasquez, Respondent, v. Scott M. Newell et al., Appellants

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

November 12, 1996

Ordered that the order is affirmed, with one bill of costs payable by the appellants appearing separately and filing separate briefs.

After the completion of discovery in November 1994, the defendants Scott M. Newell and Joann Newell served a 90-day notice upon the plaintiff by certified mail. In March 1995 these defendants moved to dismiss the action pursuant to CPLR 3216. In April 1995 the defendant Dominos Pizza, Inc., also moved to dismiss the action pursuant...

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