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FASANO v. J.C. PENNEY CORPORATION

59 A.D.3d 1102 (2009)

872 N.Y.S.2d 613

VIRGINIA FASANO, Respondent, v. J.C. PENNEY CORPORATION, Appellant. (Appeal No. 1.)

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

Decided February 6, 2009.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is granted and the action is dismissed.

Memorandum: Defendant appeals from an order denying its motion to dismiss the action based on the failure of plaintiff to comply with defendant's demand for service of a complaint pursuant to CPLR 3012 (b). We agree with defendant that Supreme Court erred in denying the...

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