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KULPA v. JACKSON

3 Misc.3d 227 (2004)

773 N.Y.S.2d 235

CAROL C. KULPA et al., Plaintiffs, v. REBECCA K. JACKSON et al., Defendants. CAROL C. KULPA et al., Plaintiffs, v. CRAIG D. FELL, Defendant.

Supreme Court, Oneida County.

January 26, 2004.

Attorney(s) appearing for the Case

Mackenzie Hughes, LLP (Richard P. James of counsel), for Joanne P Ashforth, defendant.

Smith, Sovik, Kendrick, Schwarzer & Sugnet, P.C. (Jennifer L. Ploetz of counsel), for Rebecca K. Jackson, defendant.

O'Shea, McDonald, Panzone & Stevens, LLP (Timothy Brian O'Shea of counsel), for Craig D. Fell, defendant.

Brindisi, Murad & Brindisi-Pearlman, LLP (Stephanie A. Palmer of counsel), for plaintiffs.

OPINION OF THE COURT

ROBERT F. JULIAN, J.

RELIEF REQUESTED: Defendant Ashforth moves for summary judgment dismissing the complaint. Defendant Fell cross-moves to dismiss the complaint. Plaintiffs cross-move for an extension of time to serve process upon defendant Fell and/or to consolidate the actions and to strike affirmative defenses related to service.

HOLDING: The stipulation of discontinuance in the first action is not res judicata barring the...

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