SCHERRER v. TIME EQUITIES


218 A.D.2d 116 (1995)

634 N.Y.S.2d 680

Eugene F. Scherrer, Appellant, v. Time Equities, Inc., et al., Respondents, et al., Defendants Robert Pressler et al., Appellants, v. Time Equities, Inc., et al., Respondents, et al., Defendants

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

December 5, 1995


Attorney(s) appearing for the Case

Dominique Penson of counsel, New York City (Barasch & McGarry, P. C., attorneys), for Eugene F. Scherrer and another, appellants.

Eugene Guarneri of counsel, New York City (O'Connell & Gimble, attorneys), for respondents.

MURPHY, P. J., KUPFERMAN and WILLIAMS, JJ., concur.


RUBIN, J.

These appeals, which arise out of the same incident and involve similar facts, present identical issues: whether the discovery accrual rule of CPLR 214-c applies to a cause of action brought pursuant to General Municipal Law § 205-a and, if so, whether a triable issue of fact is raised with respect to when plaintiffs discovered or, in the exercise of reasonable diligence, should have discovered...

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