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RESCILDO v. MACY'S

187 A.D.2d 112 (1993)

Kevin M. Rescildo, an Infant, by His Father and Natural Guardian, Raymond Rescildo, et al., Appellants, v. R.H. Macy's, Also Known as Bamberger's Department Stores, et al., Respondents, et al., Third-Party Plaintiff, et al., Third-Party Defendant

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

January 28, 1993

Attorney(s) appearing for the Case

Brian J. Shoot of counsel (Gary Ehrlich with him on the brief; Schneider, Kleinick & Weitz, P. C., attorneys), for appellants.

Mark C. Dillon of counsel (Cerussi & Spring, attorneys), for R.H. Macy's, respondent.

Barry R. Ostrager of counsel (Andrew S. Amer and Eric S. Kobrick with him on the brief; Simpson Thacher & Bartlett, attorneys), for Sure-Snap, Inc., respondent.

MURPHY, P. J., KUPFERMAN, CARRO and WALLACH, JJ., concur.

KASSAL, J.

This personal injury action, which accrued in the State of Connecticut and involves a Connecticut infant plaintiff, raises issues with respect to when, and to what extent, the New York "borrowing statute", CPLR 202, may be invoked to import the laws of a foreign forum. For the reasons that follow, we "borrow" and apply Connecticut's Statute of Limitations...

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