SHOUCAIR v. READ


79 A.D.2d 1081 (1981)

Elias S. Shoucair, Appellant, v. Howard K. Read et al., Respondents

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

January 29, 1981


Assuming that plaintiff's complaint states a valid cause of action in negligence, the facts contained in the record are insufficient to allow a determination as to when the cause of action arose. Accordingly, Special Term did not err in denying plaintiff's motion to dismiss the affirmative defense of the Statute of Limitations.

Order affirmed...

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