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DeROSSI v. RUBINSTEIN

233 A.D.2d 220 (1996)

650 N.Y.S.2d 10

John DeRossi et al., Appellants, v. Lillian Rubinstein, as Executrix of Seymour Rubinstein, Deceased, et al., Respondents

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

November 21, 1996

The motion court erred by improperly engaging in issue determination in dismissing this complaint on summary judgment (Sillman v Twentieth Century-Fox Film Corp., 3 N.Y.2d 395), and by improperly allowing service of a counterclaim which was time-barred and did not meet the requirements of the "relation-back" rule.

The first cause of action, a sufficiently-pleaded claim for fraud...

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