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KHEDOURI v. EQUINOX

2786, 115025/07

73 A.D.3d 532 (2010)

901 N.Y.S.2d 221

VANESSA KHEDOURI, Appellant, v. EQUINOX, Respondent.

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

Decided May 13, 2010.

Defendant's motion to dismiss plaintiff's summons and complaint and purported supplemental summons and amended complaint was timely made by notice of motion pursuant to CPLR 3211 (see Kitkas v Windsor Place Corp., 49 A.D.3d 607 [2008]).

In this action alleging personal injury incurred during a fitness competition at a fitness center, plaintiff made no attempt to properly serve defendant within 120 days of filing the...

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