Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff Mark Mandel was allegedly injured while working for his employer, Coca-Cola Company (hereinafter Coca-Cola), a third-party defendant. In 1992, he purchased Index No. 3926/92 in order to commence pre-action discovery against Coca-Cola. On March 29, 1993, the plaintiffs served a summons and complaint bearing Index No. 3926/92 on Waltco Truck Equipment Company (hereinafter Waltco)...
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