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ROTHSCHILD v. INDUS. TEST EQUIP. CO., INC.

203 A.D.2d 271 (1994)

610 N.Y.S.2d 58

Raymond Rothschild, Respondent, v. Industrial Test Equipment Company, Inc., Appellant

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

April 4, 1994

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the plaintiff's motion to dismiss the defendant's first and second counterclaims since they were already time barred pursuant to CPLR 213 when the claim in the complaint was interposed (see, CPLR 203 [d]). Under these circumstances, the defendant's contention that the court overlooked the provisions of CPLR former 203 (c) (now CPLR 203 [d]),

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