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LORI v. MALSTROM

13 A.D.3d 243 (2004)

787 N.Y.S.2d 19

ALFRED LORI et al., as Administrators of the Estate of QUINTO LORI, Deceased, Appellants, v. C.J. MALSTROM et al., Respondents.

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

December 21, 2004.

On September 4, 1998, plaintiffs' 77-year-old decedent was struck and injured by a vehicle driven by defendant Malstrom, owned by defendant GVC and apparently operated for defendant Q.T. Minibus. The decedent died later that day of his injuries. A summons with notice was served on all three defendants on August 30, 2000. On July 17, 2001, some 11 months later, defendant Q.T. Minibus served a demand for a complaint by mail on plaintiffs' counsel at the address listed on the...

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