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ELKMAN v. CORD

11312, 102291/12

112 A.D.3d 489 (2013)

976 N.Y.S.2d 382

2013 NY Slip Op 8354

STEVEN MUNRO ELKMAN, Respondent, v. BARRY CORD, Appellant.

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

Decided December 12, 2013.

Order, Supreme Court, New York County (Anil C. Singh, J.), entered October 18, 2012, which, to the extent appealed from as limited by the briefs, denied defendant's cross motion to dismiss the action pursuant to CPLR 3211 (a) (2), unanimously affirmed, with costs.

As the record shows that plaintiff timely filed a summons and complaint commencing the action, and paid the applicable filing fee, Supreme Court properly determined...

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