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GRINBAUM v. KLISIVITCH

2016-00635, Index No. 060376/13.

146 A.D.3d 755 (2017)

2017 NY Slip Op 00151

46 N.Y.S.3d 120

ZVI GRINBAUM, Respondent, v. COLETTE KLISIVITCH, Appellant.

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

Decided January 11, 2017.

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 granted.

This action was commenced by motion for summary judgment in lieu of complaint pursuant to CPLR 3213. In an order dated July 31, 2014, the Supreme Court denied the motion. Thereafter, the plaintiff filed a complaint. The defendant subsequently moved pursuant to CPLR 3211 (a) (5) to dismiss the complaint...

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