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PARKER v. CALAMARAS

269 A.D.2d 149 (2000)

702 N.Y.S.2d 75

MOLENAUX PARKER, Appellant, v. ANDREA CALAMARAS et al., Respondents.

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

Decided February 3, 2000.

The motion court erred in excusing defendants' failure to comply with the time limit of CPLR 511 based on its finding that plaintiff's statement that he resided in the Bronx had been misleading (see, Roman v Brereton, 182 A.D.2d 556). The only evidence presented by defendants in support of their contention that plaintiff had misled them was a single medical record stating that plaintiff resided in Queens. Plaintiff, in opposition...

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