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JERVIS ESTATE v. TEACHERS INS

181 Misc.2d 971 (1999)

696 N.Y.S.2d 378

ESTATE OF ANDRE JERVIS, Deceased, et al., Plaintiffs, v. TEACHERS INSURANCE AND ANNUITY ASSOCIATION et al., Defendants.

Supreme Court, New York County.

August 9, 1999.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, New York City (Clement J. Colucci and BethAnn Gannon of counsel), for Medgar Evers College of City University of New York and another, defendants.

Kaiser Saurborn & Mair, P. C., New York City (Daniel J. Kaiser of counsel), for plaintiffs.

Michael D. Hess, Corporation Counsel (Susan Sanders of counsel), for New York City Employees Retirement System and another, defendants.

OPINION OF THE COURT

EILEEN A. BRANSTEN, J.

Motion Nos. 007 and 010 on the court's June 8, 1999 calendar are consolidated for disposition. In motion No. 007, defendants Medgar Evers College of the City University of New York and the Jackie Robinson Center for Physical Culture (collectively, Medgar Evers) move to dismiss plaintiffs' complaint in the action bearing index No. 109082/98 (Action 1), pursuant to CPLR 306-b, for plaintiffs' failure timely to serve...

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