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KELLY v. ROSENTHAL

176 A.D.2d 283 (1991)

John Kelly, Appellant, v. Hal S. Rosenthal et al., Respondents

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

September 23, 1991

Ordered that the order is affirmed, with costs to the respondent Elmont Youth Outreach, Inc.

Upon the dismissal of a prior action and after the expiration of the applicable Statute of Limitations period, the plaintiff commenced the instant action pursuant to CPLR 205 (a) based upon the same transactions. The Supreme Court dismissed this second action, agreeing with the contention of the defendant Elmont Youth Outreach, Inc., that the action was time barred. On appeal...

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