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ACEVEDO v. NEW YORK CITY TRANSIT AUTHORITY

294 A.D.2d 310 (2002)

742 N.Y.S.2d 541

NYOKA ACEVEDO et al., Respondents, v. NEW YORK CITY TRANSIT AUTHORITY et al., Appellants.

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

Decided May 30, 2002.

The existence of three notes of issue in the court file, none of which bore the same filing date and only one of which had an attached affidavit of service, lends credence to defendant's allegation that it never received service of plaintiff's note of issue. In addition, in light of plaintiff's allegations as to the extent of her injuries and defendant's consequent need for its own physical examinations of her, and in view of the circumstance that the delay entailed by affording...

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