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DOUSMANIS v. JOE HORNSTEIN, INC.

181 A.D.2d 592 (1992)

Aris J. Dousmanis, Respondent, v. Joe Hornstein, Inc., et al., Defendants, and Union Carbide Corporation, Appellant. (And a Third-Party Action.)

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

March 26, 1992

We agree with the IAS court that defendant failed to make a sufficient showing of fraud, collusion, mistake or material misrepresentation by plaintiff or plaintiff's counsel to relieve it of the stipulations in which it waived the defense of the Statute of Limitations (Hallock v State of New York, 64 N.Y.2d 224, 230; Matter of Frutiger, 29 N.Y.2d 143...

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