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JONES v. MADISON PLAZA COMMERCIAL OWNERS LLC

9718, 655023/16.

173 A.D.3d 599 (2019)

100 N.Y.S.3d 862

2019 NY Slip Op 05086

Dawn Jones et al., Appellants, v. Madison Plaza Commercial Owners LLC et al., Respondents.

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

Decided June 25, 2019.

Plaintiff's failure to redraft the complaint in strict compliance with court's October 18, 2017 order did not prejudice the parties or the court and it was not a basis for dismissal of the pleading (CPLR 3013; see Cole v Mandell Food Stores, 93 N.Y.2d 34, 40 [1999]). Accordingly, the cause of action for replevin is reinstated against defendant 1825 Madison.

In addition, defendant...

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