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MORRISON v. FOSTER

80 A.D.2d 887 (1981)

Douglas Morrison, Respondent, v. Kharl Foster et al., Defendants, and Lawrence I. Sanders, Appellant

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

March 23, 1981

Order reversed, on the law, with $50 costs and disbursements, motion granted and complaint dismissed as against defendant Sanders.

The parties have confused the defenses of lack of in personam jurisdiction and the Statute of Limitations. CPLR 203 (subd [b]), which deals with claim interposition, provides that "A claim asserted in the complaint is interposed against the defendant or a co-defendant united in interest...

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