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SMITH v. SARKISIAN

64 A.D.2d 988 (1978)

Arthur G. Smith, Appellant, v. George Sarkisian et al., Respondents

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

September 11, 1978

Mikoll, J. (dissenting).

I respectfully dissent. The Court of Appeals in Steiner v Wenning (43 N.Y.2d 831), a case remarkably similar to the case at hand, set aside a dismissal of a complaint which had sounded in tort and the answer to which, in addition to a general denial, pleaded the three-year Statute of Limitations. Plaintiff's counsel moved to amend the complaint at trial after selection of a jury to allege...

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