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WESTNINE ASSOCS v. W. 109 ST.

247 A.D.2d 76 (1998)

677 N.Y.S.2d 557

Westnine Associates, Respondent, v. West 109th Street Associates et al., Defendants, and Abraham A. Mendel et al., Appellants

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

September 17, 1998

Attorney(s) appearing for the Case

Neal Schwarzfeld of counsel (Schwarzfeld, Ganfer & Shore, L. L. P., attorneys), for respondent.

Abraham A. Mendel and Solomon J. Borg, appellants pro se.

ROSENBERGER, WALLACH and ANDRIAS, JJ., concur.

SULLIVAN, J. P.

This is an action commenced prior to July 1, 1992, the effective date of the commencement of an action by filing provisions enacted in 1992 (L 1992, ch 216), which, inter alia, amended CPLR 203 (c) to provide that, where an action is commenced by filing (see, CPLR 304), it is deemed, for Statute of Limitations purposes, to have been commenced when the summons and complaint are filed...

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