ECHEVARRIA v. PATHMARK STORES, INC.


7 A.D.3d 750 (2004)

776 N.Y.S.2d 902

SHELLI ECHEVARRIA et al., Respondents, v. PATHMARK STORES, INC., Appellant.

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

May 24, 2004.


Ordered that the order dated April 21, 2003, is reversed, on the law, with costs, the motion is granted, the cross motion is denied, the order dated September 9, 2002, is reinstated, and the complaint is dismissed.

As a result of the plaintiffs' failure to comply within 45 days with the conditional order of preclusion dated September 9, 2002, it became absolute (see Clissuras v Concord Vil. Owners, 233 A.D.2d 475 [1996])...

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