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CAPPADONNA v. SIMON, SARVER, FRIEDMAN & ROSENBERG

233 A.D.2d 118 (1996)

649 N.Y.S.2d 777

Vera Cappadonna et al., Appellants, v. Simon, Sarver, Friedman & Rosenberg, et al., Respondents, et al., Defendant

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

November 7, 1996

The IAS Court correctly held that issues of fact exist as to whether, inter alia, plaintiffs' own negligence contributed to the defect in the notice of claim (see, Cicorelli v Capobianco, 90 A.D.2d 524, affd 59 N.Y.2d 626); that any possible cause of action against SS&R was time-barred because of plaintiffs' failure to commence the action within six years (see, ...

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