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ALLSTATE INSURANCE COMPANY v. PULEO

289 A.D.2d 89 (2001)

734 N.Y.S.2d 152

ALLSTATE INSURANCE COMPANY, Appellant, v. JOSEPH PULEO, Respondent.

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

Decided December 13, 2001.

Petitioner's failure to file a timely note of issue should not have served as a basis for the court's denial of the motion to restore. There is no indication in the record that the second note of issue, filed August 23, 2000, was rejected for petitioner's failure to file it in a timely fashion. Moreover, respondent never moved to strike the note of issue at any time after it was filed late. The record lacks evidence that petitioner...

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