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BENITEZ v. MUTUAL OF AMERICA LIFE INSURANCE COMPANY

34 A.D.3d 347 (2006)

825 N.Y.S.2d 449

CONRADO BENITEZ, Appellant, v. MUTUAL OF AMERICA LIFE INSURANCE COMPANY, Respondent.

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

Decided November 21, 2006.

Plaintiff's personal injury action, commenced in Queens County in 1994, was dismissed for failure to comply with a compliance conference order containing a 90-day demand to file a note of issue (CPLR 3216). Ten years later, plaintiff commenced this virtually identical action in New York County, and filed notices of appeal from the order and judgment dismissing the Queens action. The court dismissed this action on the ground that...

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