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TOIKACH v. BASMANOV

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31 Misc.3d 615 (2011)

918 N.Y.S.2d 844

MICHAEL TOIKACH, Plaintiff, v. YAKOV BASMANOV, Defendant.

Supreme Court, Kings County.

February 25, 2011.

Attorney(s) appearing for the Case

Robinson Brog Leinwand Greene Genovese & Gluck, PC., New York City ( Marc A. Lavaia of counsel), for plaintiff.

Stanley K. Schlein , Bronx, for defendant.

OPINION OF THE COURT

CAROLYN E. DEMAREST, J.

Plaintiff moves to strike defendant's amended answer with counterclaims claiming it was not timely filed pursuant to CPLR 3025 (b) and for the award of costs and attorney's fees associated with this motion and sanctions pursuant to 22 NYCRR 130-1.1.

Background

Plaintiff commenced this action by filing a verified complaint on January 6, 2010 and it was served upon the defendant on March 12, 2010...

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