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IMPERIALE v. PREZIOSO

4 Misc.3d 716 (2004)

781 N.Y.S.2d 580

MICHELINA IMPERIALE et al., Plaintiffs, v. MARIA T. PREZIOSO et al., Defendants.

Supreme Court, Bronx County.

June 16, 2004.

Attorney(s) appearing for the Case

Barnett & Walter, LLP, Garden City, for defendants.

La Sorsa & Beneventano, White Plains, for plaintiffs.

OPINION OF THE COURT

DIANNE T. RENWICK, J.

In this dismissal motion, the court must determine whether plaintiffs (Michelina and Leonardo Imperiale) committed a classic act of fatal "lastminutism" by waiting until the last day before the statute of limitations was to expire in their case to commence the action by filing and serving a summons with notice, in lieu of a summons with a complaint, and then waiting 2...

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