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BIVONA v. BOB'S DISCOUNT FURNITURE OF NY, LLC

2011-05695

90 A.D.3d 796 (2011)

935 N.Y.S.2d 605

2011 NY Slip Op 9253

TIMOTHY BIVONA et al., Respondents, v. BOB's DISCOUNT FURNITURE OF NY, LLC, Appellant.

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

Decided December 20, 2011.

Ordered that the order is affirmed, with costs.

The plaintiffs commenced this action, inter alia, to recover damages for negligence after purchasing a couch from the defendant that allegedly was infested with bedbugs. The defendant served and filed a motion for summary judgment dismissing the complaint on or about October 4, 2010, more than 120 days after the filing of the note of issue March 30, 2010. In an order dated April 22, 2011, the Supreme Court denied the...

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