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MaGOVERN v. CHERRY VALLEY REALTY CORP.

231 A.D.2d 690 (1996)

648 N.Y.S.2d 44

Dorothea MaGovern, Respondent, v. Cherry Valley Realty Corp. et al., Appellants

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

September 30, 1996

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

The plaintiff seeks to recover damages for personal injuries allegedly sustained on the defendants' property on May 11, 1991. It is uncontroverted that a summons and complaint were initially filed on May 5, 1994, and the defendants were served therewith on May 12, 1994. However, the plaintiff failed to file an affidavit of service within 120 days, as...

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