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NEW YORK INST. OF TECH. v. PONTE MGMT., INC.

255 A.D.2d 302 (1998)

679 N.Y.S.2d 646

New York Institute of Technology, Respondent, v. Ponte Management, Inc., Defendant, and Meadow Concrete Corp., Appellant

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

November 2, 1998

Ordered that the order is reversed insofar as appealed from, with costs, and the matter is remitted to the Supreme Court, Nassau County, for an immediate trial pursuant to CPLR 3211 (c) to ascertain the accrual date of the plaintiff's cause of action, and for a new determination of that branch of the motion of the defendant Meadow Concrete Corp. which was to dismiss the complaint as barred by the Statute of Limitations.

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