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BRITT v. LEGAL AID SOCIETY, INC.

267 A.D.2d 76 (1999)

698 N.Y.S.2d 860

DANNY BRITT, Respondent, v. LEGAL AID SOCIETY, INC., et al., Appellants.

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

Decided December 9, 1999.

Since plaintiff's conviction by plea was vacated on September 30, 1994, the motion court properly found that the Statute of Limitations began to run on that date and, consequently, that plaintiff's commencement of this action on September 27, 1997 was timely (Carmel v Lunney, 70 N.Y.2d 169, 173; Colbert v Haydon, 261 A.D.2d 276

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