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ABELE TRACTOR & EQUIPMENT COMPANY, INC. v. RJ VALENTE, INC.

509629.

79 A.D.3d 1331 (2010)

915 N.Y.S.2d 178

ABELE TRACTOR & EQUIPMENT COMPANY, INC., Appellant, v. RJ VALENTE, INC., et al., Respondents.

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

Decided December 9, 2010.

EGAN Jr., J.

In July 2008, plaintiff commenced this action by filing a summons with notice, seeking to recover moneys allegedly owed to it for the rental by defendant RJ Valente, Inc. of a track excavator, a type of construction equipment. Defendants served a notice of appearance and demand for a complaint in September 2008, but one was not forthcoming until that November.* Shortly thereafter, defendants served an answer and moved to dismiss...

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