DUGAN v. SCHERING CORP.


210 A.D.2d 974 (1994)

620 N.Y.S.2d 687

Mark Dugan, Individually and as Representative of The Estate of Kimberly D. Dugan, Deceased, Appellant, v. Schering Corporation et al., Respondents

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

December 23, 1994


Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted the cross motion of defendants for summary judgment seeking dismissal of the complaint on the ground that the action is time-barred. Under New York's borrowing statute, "[a]n action based upon a cause of action accruing without the state cannot be commenced after the expiration of the time limited by the laws of either the state or the place without the state where the cause...

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