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Baptiste v. Shapiro

190 A.D.2d 770 Court N.Y. App. Div. Decision date 1993-02-16 English

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p. 770
Darrell Baptiste, Respondent, v Edna Shapiro, Appellant.

— In an action to recover damages for personal injuries, the defendant appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County (Spodek, J.),

p. 771
dated April 18, 1991, as granted the plaintiffs cross motion for leave to file a note of issue.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant’s contention that the court improperly allowed the plaintiff to file a note of issue is without merit (see, CPLR 3402). Mangano, P. J., Sullivan, O’Brien, Ritter and Pizzuto, JJ., concur.