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VENDITTI v. TOWN OF ALDEN

239 A.D.2d 910 (1997)

659 N.Y.S.2d 628

Lucy Venditti et al., Respondents, v. Town of Alden, Defendant, and Len Rospierski et al., Appellants

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

May 30, 1997

Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied the motion of Len Rospierski and Susan M. Onisk (defendants) to dismiss the complaint. The record establishes that in November 1992 plaintiffs filed a request for judicial intervention and purchased an index number in an action entitled "Matter of Venditti v County of Erie." The judicial intervention sought was an order granting leave to serve and file a late notice...

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