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O'HALLORAN v. 345 PARK CO.

251 A.D.2d 260 (1998)

675 N.Y.S.2d 55

Susan O'Halloran et al., Respondents, v. 345 Park Company et al., Defendants, and Benjamin Moore & Co., Appellant. (And a Third-Party Action.)

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

June 30, 1998

Defendant's evidence in support of its cross motion to dismiss is insufficient to prove that plaintiffs' cause of action accrued in 1990. Rather, the documentary evidence supports plaintiff's contention that she "discover[ed] the primary condition on which the claim is based" (Matter of New York County DES Litig., 89 N.Y.2d 506, 509; CPLR 214-c [2]) in September 1991, less than three years before the action was commenced against...

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