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ZHININ v. VICARI

50 A.D.3d 786 (2008)

855 N.Y.S.2d 608

CARLOS ZHININ, Respondent, v. STEPHEN R. VICARI et al., Appellants.

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

Decided April 8, 2008.

Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Westchester County, for further proceedings consistent herewith.

In support of their motion to dismiss the plaintiff's complaint pursuant to CPLR 3211 (a) (5), the defendants demonstrated that the Westchester County Clerk stamped the summons and complaint as filed on February 21, 2007, one day past the applicable ...

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