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CONNESTRO v. AMERICAN HOCKEY CENTERS, LTD.

266 A.D.2d 255 (1999)

698 N.Y.S.2d 525

FRANK CONNESTRO, Respondent, v. AMERICAN HOCKEY CENTERS, LTD., Defendant, and WILLIAM H. HINE, Appellant.

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

Decided November 8, 1999.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied the appellant's motion for summary judgment dismissing the complaint on the ground that the plaintiff failed to serve and file a note of issue and statement of readiness in response to the appellant's notice pursuant to CPLR 3216 (see generally, Baczkowski v Collins Constr. Co., 89 N.Y.2d 499; Barrett v Littles,<...

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