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INDEPENDENCE LEASING v. AQUINO

125 Misc.2d 620 (1984)

Independence Leasing Corporation, Plaintiff, v. James Aquino et al., Defendants.

City Court of Buffalo.

August 14, 1984

Attorney(s) appearing for the Case

Wayne I. Freid for plaintiff. Alan E. Fielitz for James Aquino, defendant. Franklin W. Heller for Roger R. Kremblas and another, defendants.

TIMOTHY J. DRURY, J.

The court has in a prior decision dismissed the plaintiff's cause of action based on negligence as barred by the Statute of Limitations but has allowed the plaintiff to proceed on its cause of action for misconduct on a notary's common-law duty embodied in section 135 of the Executive Law (111 Misc.2d 1039).

I agree with the logic of the plaintiff's position. It is that if the defendant...

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