Defendant has moved to dismiss the complaint on the ground that plaintiff has failed to commence this action within the Statute of Limitations. Plaintiff has cross-moved to strike the Statute of Limitations' affirmative defense.
Plaintiff's cause of action arose on June 26, 1983. If no tolling provision were applicable, plaintiff would have had until September 24, 1984 to commence suit.
However, plaintiff argues (and defendant...
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