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RUBENSTEIN v. MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY

280 A.D.2d 312 (2001)

719 N.Y.S.2d 659

HYMAN RUBENSTEIN, Appellant, v. MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY, Sued Herein as MABSTOA, et al., Respondents.

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

Decided February 8, 2001.

Defendants claim there has been no action in this case since November 1996, when they received the complaint. However, while it does not appear that they served an answer, there is evidence that they served an extension of time to answer. In addition, their computer records indicate, albeit erroneously, that this matter was settled in July 1997. Moreover, defendants appeared for a preliminary conference on March 4, 1999, at which...

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