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FLOYD v. SALAMON BROS.

249 A.D.2d 139 (1998)

672 N.Y.S.2d 30

Terence Floyd, Appellant, v. Salamon Brothers, Respondent

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

April 21, 1998

Inasmuch as the action was automatically dismissed as of February 24, 1996 due to plaintiff's admitted failure to file proof of service by that date (see, Black v Randall Med. Offs., 237 A.D.2d 110; Matter of Hicks v City of New York, 247 A.D.2d 342), and no new action was commenced within 120 days thereafter, as permitted by CPLR former 306-b (b), the IAS Court correctly held that...

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