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Motion To Dismiss Granted- Suffolk County

Milazzo v. Play Like a Pro, et al:  Suffolk Supreme Court.  Plaintiff alleged that defendants assaulted, battered and unlawfully restrained him.  He commenced the action by serving a Summons with Notice.  We entered our Notice of Appearance, and demanded a Complaint.  When plaintiff failed to file the complaint in a timely fashion, we moved to dismiss the action.  Though plaintiff responded with a “Certificate of Merit”, we argued that it was insufficient, and that plaintiff never satisfied the procedural requirements for opposing the motion.  The Court granted the motion, and the Statute of Limitations had run, so the case cannot be reinstated.

Please contact Richard Berne for more details.

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