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ALLEN v. MAKHNEVICH

15 A.D.3d 425 (2005)

789 N.Y.S.2d 450

NINA ALLEN et al., Respondents, v. OLGA MAKHNEVICH, Appellant, et al., Defendants.

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

February 14, 2005.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was to dismiss the complaint pursuant to CPLR 3216 insofar as asserted against the appellant is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendants is severed.

The appellant served the plaintiffs with a 90-day demand to resume prosecution...

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