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

513076.

94 A.D.3d 1270 (2012)

942 N.Y.S.2d 668

2012 NY Slip Op 2739

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 April 12, 2012.

EGAN JR., J.

Plaintiff commenced this action in July 2008 by service of a summons with notice seeking to recover moneys allegedly owed to it by defendant RJ Valente Gravel, Inc. for the rental of a track excavator, a type of construction equipment. Although defendants served a notice of appearance and demand for a complaint in September 2008, the complaint was not tendered until November 2008—well beyond the 20-day period set forth in CPLR 3012 (b). Shortly...

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