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NAUHEIMER v. ARCHDIOCESE OF NEW YORK

260 A.D.2d 615 (1999)

688 N.Y.S.2d 700

VINCENT J. NAUHEIMER, SR., Individually and as Parent and Natural Guardian of BRIAN NAUHEIMER and Another, Infants, et al., Appellants, v. ARCHDIOCESE OF NEW YORK et al., Respondents.

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

Decided April 26, 1999.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

The Supreme Court properly dismissed the first and second causes of action asserted in proposed amended complaint on behalf of the plaintiff Brian Nauheimer, Jr., as time-barred, since the allegations of breach of trust were merely incidental to the intentional tort claims asserted on behalf of that plaintiff, as to which the Statute of Limitations had expired (see, Tserotas v...

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