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BISHOP v. UNO PIZZA

188 Misc.2d 142 (2001)

725 N.Y.S.2d 840

DIANE BISHOP, Plaintiff, v. UNO PIZZA et al., Defendants.

Supreme Court, New York County.

May 15, 2001.

Attorney(s) appearing for the Case

Vincent P. Crisci, New York City, for Pizzera Uno of South Street Seaport Inc., sued herein as Uno Pizza, defendant.

Kimberly Anne Sorrentino, Westfield, New Jersey, for plaintiff.

OPINION OF THE COURT

EDWARD H. LEHNER, J.

The issue on this motion by defendant to dismiss on Statute of Limitations grounds is whether plaintiff is entitled to the six-month extension provided in CPLR 205 (a) when a prior federal action, in which plaintiff never effected service, was dismissed solely because of lack of diversity.

This action arises out of a claim for injuries suffered by plaintiff in...

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