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ROBUSTO v. JOHNSON

87 Misc.2d 76 (1976)

Frank Robusto, Sr., et al., Plaintiffs, v. Thomas Johnson et al., Defendants.

Supreme Court, Wayne County.

June 22, 1976

Attorney(s) appearing for the Case

Bond, McDonald & Toole (William J. McDonald of counsel), for defendants. Anthony J. Villani for plaintiffs.

EDWARD O. PROVENZANO, J.

Defendants, pursuant to CPLR 3211, have moved for dismissal of plaintiffs' complaint the gravamen of which is negligence, on the ground that plaintiffs commenced their actions more than three years after the causes of action accrued. Plaintiffs, pursuant to CPLR 3211 (subd [b]), have cross-moved to dismiss that part of defendants' answer which interposes an affirmative defense alleging that plaintiffs' actions are barred by the...

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