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CENSOR v. MEAD REINSURANCE CORP.

176 A.D.2d 600 (1991)

Sara Censor, Individually and as Administratrix of The Estate of Willy Censor, Also Known as Willie Censor, Deceased, et al., Respondents, v. Mead Reinsurance Corporation, Appellant, et al., Defendants. (And a Third-Party Action.)

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

October 22, 1991

At issue on this appeal is whether plaintiff is barred from taking advantage of the six month tolling provisions of CPLR 205 (a) by virtue of having moved and successfully obtained a voluntary dismissal of a prior action in the Federal court pursuant to rule 41 (a) (2) of the Federal Rules of Civil Procedure, without prejudice to a State action. Plaintiff moved to dismiss her Federal action because the joinder of the additional...

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