LEZYNSKI v. KASPRZYK


281 A.D. 346 (1953)

Charlotte Lezynski, Individually and as Administratrix of The Estate of Peter Lezynski, Deceased, Respondent, v. Joseph Kasprzyk et al., Defendants, and Joseph Pantera et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

March 20, 1953.


Attorney(s) appearing for the Case

Joseph F. Pantera and William L. Rieth for appellants.

Maurice Abloff for respondent.

All concur. Present — TAYLOR, P. J., McCURN, VAUGHAN, KIMBALL and PIPER, JJ.


Per Curiam.

This appeal is from an order denying a motion to dismiss the complaint under subdivision 5 of rule 107 of the Rules of Civil Practice on the ground that the cause of action did not accrue within the time limited for the commencement of an action thereon.

The gist of plaintiff's complaint is that the defendant Pantera by certain wrongful acts brought about an illegal foreclosure and sale of real estate...

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