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WEBB v. CONSOL. RAIL CORP.

166 A.D.2d 285 (1990)

Debra M. Webb, Individually and as Administratrix of The Estate of Ronald W. Webb, Deceased, Respondent-Appellant, v. Consolidated Rail Corporation, Appellant-Respondent

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

October 16, 1990

Defendant is estopped from asserting the expiration of the Statute of Limitations as a defense where it previously argued to the Pennsylvania courts, subsequent to the expiration of the statute, that they should dismiss plaintiff's Pennsylvania action on the grounds that plaintiff had a proper forum in New York. (Houghton v Thomas, 220 App Div 415, affd 248 N.Y. 523.) Defendant's contention that its prior argument was made in the context of its amenability to...

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