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MILLER v. FIREFIGHTERS ASSN.

163 Misc.2d 406 (1994)

621 N.Y.S.2d 473

Ernest Miller, Plaintiff, v. Rochester Firefighters Association, Inc., Defendant.

City Court of Rochester.

December 2, 1994

Attorney(s) appearing for the Case

James S. Hinman, Rochester, for defendant. Redmond & Parrinello, Rochester (Gary M. Levine of counsel), for plaintiff.

JOSEPH D. VALENTINO, J.

The defendant moves for summary judgment dismissing plaintiff's claim because the action is barred by the four-month Statute of Limitations (CPLR 217 [2] [a]). The plaintiff argues that even if the Statute of Limitations has expired, it nevertheless has a contractual claim worthy of the application of the six-year Statute of Limitations (CPLR 213).

FACTS

Plaintiff,...

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