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GIAQUINTO v. LONG IS. RUBBISH

14873-10

32 Misc.3d 262 (2011)

921 N.Y.S.2d 520

2011 NY Slip Op 21155

LISA GIAQUINTO, Plaintiff, v. LONG ISLAND RUBBISH REMOVAL EASTERN CORP., Defendant.

Supreme Court, Suffolk County.

Decided May 2, 2011.

Attorney(s) appearing for the Case

James P. Tyrie , West Islip, for plaintiff.

Pinks, Arbeit & Nemeth, Hauppauge, for defendant.

OPINION OF THE COURT

ELIZABETH H. EMERSON, J.

It is ordered that this motion by the plaintiff for summary judgment in lieu of complaint is dismissed.

A motion for summary judgment in lieu of complaint is a form of action (see Green v State of New York, 16 Misc.3d 434, 436 [2007]). Under CPLR 304, an action in Supreme Court ordinarily is commenced by...

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