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REYES-PERALTA v. NGERNAK

01457/08.

30 Misc.3d 168 (2010)

909 N.Y.S.2d 901

MARIA R. REYES-PERALTA, Plaintiff, v. SURASITT NGERNAK et al., Defendants.

Supreme Court, Nassau County.

Decided October 22, 2010.

Attorney(s) appearing for the Case

Drummond & Crawford, P.C., Queens Village, for defendants.

Law Office of Alan M. Sanders , LLC, Carle Place, for plaintiff.

OPINION OF THE COURT

DANIEL PALMIERI, J.

The motion by the defendants pursuant to CPLR 3211 (a) (2), (5) and (10) to dismiss the complaint based upon plaintiff's failure to timely file a summons with notice or summons and complaint (motion sequence No. 005) is granted pursuant to CPLR 3211 (a) (2) and (5).

The motion by the defendants pursuant to CPLR 3126 or, in the alternative, Insurance Law article 51, for an order dismissing the complaint (motion...

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