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HOWARD B. SPIVAK ARCHITECT, P.C. v. ZILBERMAN

59 A.D.3d 343 (2009)

___ N.Y.S.2d ___

HOWARD B. SPIVAK ARCHITECT, P.C., Appellant, v. HENRY ZILBERMAN et al., Respondents.

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

Decided February 26, 2009.

On December 7, 2006, plaintiff commenced this action to recover damages for breach of contract against defendants by filing a summons with notice. Approximately one week later, plaintiff's counsel mailed a "courtesy copy" of the summons with notice to defendants' counsel. A few days after the "courtesy copy" was mailed, defendants' counsel served on plaintiff's counsel a notice of appearance in the action. On January 11, 2007, just...

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