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KIMMEL v. STATE OF NEW YORK

172 Misc.2d 906 (1997)

660 N.Y.S.2d 265

Betty L. Kimmel et al., Plaintiffs, v. State of New York et al., Defendants.

Supreme Court, Monroe County.

March 26, 1997

Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, Rochester (Susan F. Terry of counsel), for State of New York, defendant. Mary Taylor, Rochester, for Stephen LaLonde, defendant. Emmelyn Logan-Baldwin, Rochester, and Harriet L. Zunno, Hilton, for plaintiffs.

EDMUND A. CALVARUSO, J.

Defendants move to dismiss contending lack of personal jurisdiction, and ask the court to strike the matter from its calendar or dismiss the action. Plaintiffs oppose the application.

A. QUESTION PRESENTED

The issue in this case, a matter of first impression, is whether an automatic dismissal occurs if the defendant appeared within the 120 days following commencement...

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