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ANSELMO v. COPERTINO

134 Misc.2d 956 (1987)

John N. Anselmo, Jr., Plaintiff, v. Anthony Copertino et al., Defendants.

Supreme Court, Special Term, Suffolk County.

January 29, 1987

Attorney(s) appearing for the Case

Curtis, Zaklukiewicz, Vasile & Devine for defendants. Young, Symons & Rinear for plaintiff.

HARRY R. BROWN, J.

This is an application by defendants for an order pursuant to CPLR 3211 (a) (5) dismissing the complaint herein as barred by the applicable Statute of Limitations. However, in view of the fact that issue has already been joined, defendants' motion is more properly a motion for summary judgment dismissing the complaint and the court, in its discretion, will treat it as such (CPLR 3211 [c]...

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