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ALFORD v. ST. NICHOLAS HOLDING CORP.

218 A.D.2d 622 (1995)

631 N.Y.S.2d 30

George Alford, Respondent, v. St. Nicholas Holding Corp., Appellant, et al., Defendants

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

August 31, 1995

In this action for assault against both the wrongdoer and the wrongdoer's alleged employee brought within a year after the dismissal of criminal proceedings against the wrongdoer, we hold that CPLR 215 (8) applies to extend the Statute of Limitations against the employer as well as the wrongdoer, and decline to follow Second and Fourth Department cases to the contrary (Jordan v Britton, 128 A.D.2d 315, 320-321 [4th Dept]; accord...

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