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RIVERA v. VIERA

256 A.D.2d 100 (1998)

681 N.Y.S.2d 274

PETER M. RIVERA, Respondent, v. DAVID VIERA et al., Appellants.

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

Decided December 10, 1998.

We previously deemed defendant Ramos' counterclaim to sound in conversion and on that basis affirmed its dismissal as time-barred (246 A.D.2d 432). Defendant-appellant's present attempt to avoid the statutory bar by refashioning the facts underlying the prior, dismissed counterclaim for conversion, into counterclaims for breach of contract, was properly rejected by the motion court as patently without merit (see, East Asiatic Co. v Corash...

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