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BERMAN v. SZPILZINGER

200 A.D.2d 367 (1994)

606 N.Y.S.2d 203

Michael Berman, Appellant, v. Nathan Szpilzinger, Respondent

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

January 6, 1994

The action is barred by the six-year Statute of Limitations governing contract actions. The six-month extension under CPLR 205 (a) was not available to plaintiff since, as explained by the IAS Court, the first action, which raised identical claims, was dismissed because plaintiff's failure to comply with disclosure orders evinced an unwillingness to prosecute the action in timely fashion. Thus, although the first order did not...

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