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KOUTSOUPAKIS v. CITY OF NEW YORK

292 A.D.2d 191 (2002)

738 N.Y.S.2d 211

IOANNIS KOUTSOUPAKIS, Respondent, v. CITY OF NEW YORK, Defendant and Third-Party Plaintiff, et al., Defendants. NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY, Third-Party Defendant-Appellant.

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

Decided March 7, 2002.

As a note of issue has yet to be filed, the complaint cannot be dismissed pursuant to CPLR 3404 (Johnson v Minskoff & Sons, 287 A.D.2d 233, citing Lopez v Imperial Delivery Serv., 282 A.D.2d 190, lv dismissed 96 N.Y.2d 937; see also, Jiles v New York City Tr. Auth., 290 A.D.2d 307). We have considered and rejected appellant's argument...

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