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ALHAREZI v. SHARMA

304 A.D.2d 414 (2003)

758 N.Y.S.2d 48

NAEMA ALHAREZI, Appellant, v. JOGINDER SHARMA et al., Respondents.

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

Decided April 17, 2003.

While we agree with plaintiff that her prior action was not dismissed "for neglect to prosecute the action" within the meaning of CPLR 205 (a) (but see Villanova v King Kullen Supermarkets, 163 A.D.2d 203 [1990]), we nonetheless find plaintiff's reliance on the statute is barred by her conceded failure to bring a new action within six months after the termination of her prior action (see CPLR 205 [a]). Plaintiff may not rely...

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