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BONGIORNO v. D.I.G.I., INC.

138 A.D.2d 120 (1988)

Frances Bongiorno, as Administratrix of The Estate of Nancy B. Alfonso, Deceased, Respondent, v. D.I.G.I., Inc., Doing Business as New Bay Club, et al., Appellants, et al., Defendants

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

June 20, 1988

Attorney(s) appearing for the Case

Termini & Epstein, (Shayne, Dachs, Stanisci & Corker [Norman H. Dachs and Jonathan A. Dachs] of counsel), for appellants.

Scorzari & Perrotta, P. C. (Arlene P. Brown of counsel), for respondent.

BRACKEN, J. P., WEINSTEIN and RUBIN, JJ., concur.

KOOPER, J.

In this case of first impression before a New York appellate court, we are called upon to select the appropriate limitations period to be applied to an action asserted under General Obligations Law § 11-101, the so-called "New York Dram Shop Act". For the reasons that follow, we conclude that plaintiff's action is properly subject to the three-year...

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