BARATTA v. KOZLOWSKI


94 A.D.2d 454 (1983)

Vincent J. Baratta, Respondent, v. Edward V. Kozlowski et al., Appellants

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

June 27, 1983


Attorney(s) appearing for the Case

Winthrop, Stimson, Putnam & Roberts (Stephen A. Weiner of counsel), for Bank of Babylon and another, appellants.

Joseph J. Marcheso for Edward V. Kozlowski, appellant.

Lunney & Crocco (Michael J. McAllister and Andrew P. Saulitis of counsel), for respondent.

DAMIANI, J. P., MANGANO and BROWN, JJ., concur.


LAZER, J.

The primary focus of these appeals is application of the Statute of Limitations when the same conduct or transaction produces separate causes of action sounding in tort and in contract. Asserting that the "essence" of the instant action is tort, defendants have unsuccessfully sought its dismissal on the basis of untimeliness and other alleged defects and they now seek corrective relief from us. Resolution...

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