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CONSIGLIO v. CONSIGLIO

143 A.D.2d 505 (1988)

Vincent J. Consiglio, Appellant, v. Chris Consiglio et al., Respondents

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

September 27, 1988

Order unanimously reversed on the law without costs, and defendants' motion denied.

Memorandum:

Special Term erred in granting defendants' motion to dismiss plaintiff's complaint pursuant to Partnership Law § 74 on the ground that it was barred by the Statute of Limitations (CPLR 3211 [a] [5]). There is an issue of fact when, if ever, the partnership was dissolved, and thus, when, if ever, the cause of action...

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