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FOUNTAIN v. OCEAN VIEW II ASSOCIATES, L.P.

266 A.D.2d 339 (1999)

701 N.Y.S.2d 68

CARMEN FOUNTAIN, Respondent, v. OCEAN VIEW II ASSOCIATES, L.P., Appellant.

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

Decided November 15, 1999.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff's accident occurred on April 3, 1994, and by April 4, 1994, she had already retained an attorney. The present action was, however, not commenced until April 1, 1997, two days before the expiration of the Statute of Limitations, when the plaintiff filed a summons and complaint which named only...

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