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PRIGENT v. FRIEDMAN

264 A.D.2d 568 (1999)

695 N.Y.S.2d 79

FLORENCE PRIGENT, Respondent, v. STUART FRIEDMAN et al., Defendants. CLUB 30 et al., Third-Party Plaintiffs-Respondents, v. STUART FRIEDMAN, Third-Party Defendant-Appellant.

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

Decided September 2, 1999.

On June 6, 1995, plaintiff, Florence Prigent, commenced a personal injury action against defendants Stuart Friedman and Club 30 by the filing of a summons with notice. Service of process was not attempted until September 27, 28 and 29th and an affidavit of service was not filed in the County Clerk's office until October 23, 1995. Defendant Friedman moved to dismiss the complaint against him pursuant to CPLR 306-b for failure to timely file proof of service with the clerk...

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