MACALUSO v. DEL COL

2011-07265.

95 A.D.3d 959 (2012)

944 N.Y.S.2d 589

2012 NY Slip Op 3605

ANTHONY N. MACALUSO, Appellant, v. ROBERT JAMES DEL COL, Respondent.

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

Decided May 8, 2012.


Ordered that the order is reversed, on the law, with costs, and the defendant's motion pursuant to CPLR 3211 (a) (5) to dismiss the complaint as time-barred is denied.

The defendant represented the plaintiff in a lawsuit arising from a dispute between the plaintiff and his brother regarding a fuel oil company which was jointly owned by the brothers. On July 6, 2007, that lawsuit was settled by a stipulation of settlement entered into in open court (hereinafter the...

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