DESIDERIO v. RUBIN


234 A.D.2d 581 (1996)

652 N.Y.S.2d 68

Monique Desiderio, Plaintiff, and Pedro Desiderio et al., Respondents, v. Michael E. Rubin et al., Defendants, and Silver Star Leasing, Inc., Appellant

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

December 30, 1996


Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion of the plaintiffs Pedro Desiderio in his individual capacity and Enza Virzi which was to dismiss the Statute of Limitations defense interposed by Silver Star Leasing, Inc., against them is denied, the cross motion is granted, and the third amended complaint is dismissed insofar as asserted by Pedro Desiderio in his individual capacity and by Enza Virzi against Silver...

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