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DEMETRIOU v. WOLFER

2016-09342. Index No. 8337/12.

165 A.D.3d 1230 (2018)

84 N.Y.S.3d 793

2018 NY Slip Op 07288

Joyce Demetriou, Appellant, v. Lindsey Wolfer, D.D.S., Respondent.

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

Decided October 31, 2018.

Ordered that the order is affirmed, with costs.

In July 2012, the plaintiff commenced this action to recover damages for dental malpractice. On Friday, October 30, 2015, the plaintiff, by text message, directed her former attorney to discontinue the action. On that date, the former attorney and defense counsel executed a stipulation of discontinuance (see CPLR 3217 [a] [2]). On Saturday, October 31, 2015, the plaintiff, by text message, directed her former...

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