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MATHIEU v. BRAXTON

175 Misc.2d 771 (1998)

669 N.Y.S.2d 796

Marsha Mathieu, as Administratrix of The Estate of Helen Lewis, Deceased, Plaintiff, v. Carla Braxton et al., Defendants.

Supreme Court, Kings County.

January 28, 1998

Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, New York City (Thomas V. Saitta of counsel), for Ellen Ganatra, defendant. Leo Gilberg, New York City, for plaintiff.

DAVID FRIEDMAN, J.

Effective January 1, 1997, CPLR 3211 (e) was amended to provide that "an objection that the summons and complaint * * * was not properly served, is waived if, having raised such an objection in a pleading, the objecting party does not move for judgment on that ground within sixty days after serving the pleading, unless the court extends the time upon the ground of undue hardship" (L 1996...

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