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SPINELLI v. PROCASSINI

258 A.D.2d 577 (1999)

686 N.Y.S.2d 446

THOMAS A. SPINELLI et al., Respondents-Appellants, v. CARMINE PROCASSINI, Appellant-Respondent.

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

Decided February 16, 1999.

Ordered that the cross appeal is dismissed, for failure to perfect the same in accordance with the rules of this Court (see, 22 NYCRR 670.8 [c], [e]); and it is further,

Ordered that the order is reversed insofar as reviewed, on the law, that branch of the defendant's cross motion which was for summary judgment dismissing the complaint as timebarred is granted, and the complaint is dismissed; and it is further,

Ordered that the defendant is awarded...

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