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SANTANIELLO v. DE FRANCISCO

74 Misc.2d 229 (1973)

Joseph Santaniello, as Administrator of The Estate of Theresa Santaniello, Deceased, Plaintiff, v. William De Francisco et al., Defendants.

Supreme Court, Special Term, Nassau County.

June 4, 1973

Attorney(s) appearing for the Case

George M. Onken for Metropolitan Transportation Authority and another, defendants and movants. De Santis, McGarry & Hargous for William De Francisco and another, defendants. Fontanelli & Fontanelli (Morris Rosenzweig of counsel), for plaintiff.

BERTRAM HARNETT, J.

By memorandum decision dated March 30, 1973, this court granted defendants' motion for summary judgment on the grounds that the action was not commenced within the two-year Statute of Limitations period applicable to wrongful death claims. (See Santaniello v. De Francisco, 73 Misc.2d 934.) Now, plaintiff moves to reargue that motion, contending that (1) the court could not dismiss the...

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