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MATTER OF FIRESTONE v. SAXTON PRODS., INC.

113 A.D.2d 750 (1985)

In the Matter of Lillian Firestone, Respondent, v. Saxton Products, Inc., Appellant

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

September 3, 1985

Order reversed, without costs or disbursements, and matter remitted to the Surrogate's Court, Rockland County, for further proceedings consistent herewith.

Appellant filed its answer in the underlying proceeding on June 4, 1981, in which it raised the defense, inter alia, of the Statute of Limitations. Thereafter, it moved by order to show cause, dated June 15, 1981, to dismiss the petition based upon the Statute of Limitations. While neither party specified...

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