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AFA PROTECTIVE SYSTEMS, INC. v. CITY OF NEW YORK

13 A.D.3d 564 (2004)

788 N.Y.S.2d 128

AFA PROTECTIVE SYSTEMS, INC., et al., Appellants, v. CITY OF NEW YORK, Respondent.

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

December 27, 2004.

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

The instant litigation was commenced in December 1994 and was marked off the court calendar some years later for settlement discussions. After settlement discussions ended unsuccessfully in November 1998, the plaintiff's attorney informed defense counsel by letter dated November 25, 1998, of his intention to submit to the court a memorandum dated February 17, 1994 (hereinafter the...

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