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GREATER AMSTERDAM SCHOOL DISTRICT v. INTERNATIONAL FIDELITY INSURANCE COMPANY

285 A.D.2d 944 (2001)

727 N.Y.S.2d 831

GREATER AMSTERDAM SCHOOL DISTRICT, Appellant, v. INTERNATIONAL FIDELITY INSURANCE COMPANY, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided July 26, 2001.

Mercure, J. P.

Plaintiff commenced this action to recover on a bond by service of a summons with notice on defendant in March 1993. Defendant served a notice of appearance and demand for a complaint in June 1993. Plaintiff finally served a complaint on November 24, 1999. On December 14, 1999, defendant moved to dismiss the action pursuant to CPLR 3012 (b) based upon plaintiff's failure to timely serve a complaint. Supreme Court granted defendant's motion and denied...

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