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SHIFFER v. BRISTOL MYERS CO.

68 A.D.2d 870 (1979)

Art Shiffer, Appellant, v. Bristol Myers Company et al., Defendants-Respondents and Third-Party Plaintiffs. Robert P. Wilson et al., Third-Party Defendants

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

March 29, 1979

We are in agreement with Special Term that the complaint, properly construed, alleges a cause of action only for injury to property rights, clearly barred by the three-year Statute of Limitations contained in CPLR 214 (subd 4). Despite the patent insufficiency of both the moving and opposition papers, by attorneys without requisite knowledge of the facts, it is evident from the face of the pleading that the only claim for relief...

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