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TRINVIL v. 64 LINCOLN

189 Misc.2d 347 (2001)

731 N.Y.S.2d 580

MARIE TRINVIL, Respondent, v. 64 LINCOLN, L. L. C., Appellant.

Supreme Court, Appellate Term, Second Department.

June 19, 2001.

Attorney(s) appearing for the Case

Gartner, Bloom & Greiper, P. C., New York City (Arthur P. Xanthos of counsel), for appellant.

Stephen N. Knights, P. C., Brooklyn, for respondent.

SCHOLNICK, P. J., ARONIN and PATTERSON, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order unanimously affirmed without costs.

After serving the defendant with a jurisdictionally defective summons, the plaintiff, rather than filing same, served the defendant with a corrected summons on or about May 20, 1999 and filed it shortly thereafter. This second summons, however, bore the caption, "Civil Court of the State of New York" rather than "Civil Court of...

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