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COWING v. KENMORE NEW COVENANT TABERNACLE OF TONAWANDA

19 A.D.3d 1094 (2005)

796 N.Y.S.2d 279

ROBERT H. COWING, III, Respondent, et al., Plaintiff, v. KENMORE NEW COVENANT TABERNACLE OF TONAWANDA, Defendant, and PAUL REID, Appellant.

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

June 10, 2005.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied the motion of Paul Reid (defendant) seeking, inter alia, dismissal of the action against him based on plaintiffs' failure to serve a timely complaint in response to his demand therefor pursuant to CPLR 3012 (b). "To avoid dismissal for failure to timely serve a complaint after a demand for the complaint...

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