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BROWN v. HANNAFORD BROTHERS COMPANY

27 A.D.3d 815 (2006)

809 N.Y.S.2d 477

TARA BROWN, Respondent, v. HANNAFORD BROTHERS COMPANY, Appellant, et al., Defendant.

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

March 2, 2006.

Rose, J.

Plaintiff brought this negligence action against defendant Hannaford Brothers Company (hereinafter defendant) to recover damages for personal injuries she sustained in a slip and fall on defendant's premises. After service of a summons with notice, defendant served a notice of appearance and demand for a complaint on April 23, 2004. In response, plaintiff did not serve a complaint until September 17, 2004, which prompted defendant to move for dismissal pursuant...

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