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MEISELMAN v. McDONALDS RESTAURANTS

305 A.D.2d 382 (2003)

759 N.Y.S.2d 506

ANNETTE MEISELMAN, Appellant, v. McDONALDS RESTAURANTS et al., Respondents.

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

Decided May 5, 2003.

Ordered that the order is affirmed, with costs.

The plaintiff allegedly was injured as the result of a slip and fall on October 9, 1996. In September 1999, shortly before the expiration of the three-year statute of limitations for negligence actions, she filed a summons with notice with the County Clerk and received an index number. However, the check that she used to pay the filing fee was returned for insufficient funds...

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