AGNELLINO v. TOWN OF TIOGA


18 A.D.3d 1007 (2005)

794 N.Y.S.2d 511

CINDY AGNELLINO, Appellant, v. TOWN OF TIOGA, Respondent.

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

May 12, 2005.


LAHTINEN, J.

Plaintiff commenced this malicious prosecution action in July 2001 alleging that she was improperly charged with violating a local ordinance. Issue was joined in August 2001 and, following limited discovery, the parties' depositions were scheduled for January 2003. After plaintiff's counsel failed to examine defendant's witnesses as agreed, defendant served plaintiff with a proper demand on January 31, 2003 requiring plaintiff to serve and file a note...

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