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JAMES v. F.E. NADAL CORPORATION

290 A.D.2d 248 (2002)

735 N.Y.S.2d 533

RUPERT JAMES et al., Respondents, v. F.E. NADAL CORPORATION, Appellant.

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

Decided January 8, 2002.

In this action, on November 25, 1998, plaintiffs voluntarily stipulated to discontinue their initial action, which was commenced eight months earlier, after it appeared that service of the complaint was defective. Thereafter, plaintiffs commenced a second action after the expiration of the statute of limitations and re-served defendant. Although Supreme Court originally granted defendant's motion to dismiss the second action as...

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