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PIERNO v. ADAMES

179 Misc.2d 381 (1999)

684 N.Y.S.2d 863

Giuseppe Pierno, Plaintiff, v. Frankie A. Adames, Defendant.

Civil Court of the City of New York, Kings County.

January 8, 1999

Attorney(s) appearing for the Case

Robert P. Sweeney & Associates, Uniondale (Kenneth E. Pitcoff and Dawn C. Wheeler of counsel), for defendant. Jack Martin, Brooklyn, for plaintiff.

ROLANDO T. ACOSTA, J.

Defendant moves for an order dismissing the complaint upon the ground that plaintiff in this personal injury action failed to file proof of service as required by CCA 409 (a). Alternatively, defendant moves to strike the notice of trial.

Because of the contentions of the parties, defendant's motion requires the court to consider the procedural consequences of a plaintiff's failure...

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