MATTER OF BAIRD, PATRICK & CO., INC. v. EPSTEIN


244 A.D.2d 155 (1997)

665 N.Y.S.2d 259

In the Matter of Baird, Patrick & Co., Inc., Appellant, v. Stephen Epstein et al., Respondents

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

November 6, 1997


The general rule, that a voluntary discontinuance of an action or proceeding does not toll or extend the Statute of Limitations (see, Matter of Finkelstein [Harris], 17 A.D.2d 137, lv denied 12 N.Y.2d 646) is inapplicable here, where the parties stipulated to discontinue this timely-commenced arbitration proceeding without prejudice to its reinstitution upon the occurrence of a specified future event. Thus, the agreement...

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