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SPINALE v. GUEST

270 A.D.2d 39 (2000)

704 N.Y.S.2d 46

MARY A. SPINALE et al., Appellants, v. CAROLE GUEST et al., Respondents.

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

Decided March 7, 2000.

Plaintiffs do not challenge the dismissal of the defamation claim as time-barred by the one-year Statute of Limitations (CPLR 215 [3]). The malicious prosecution claim is time-barred because it was not commenced within one year (CPLR 215 [3]) of the dismissal of the underlying ejectment action against plaintiffs, notwithstanding that an appeal was taken (Lander v Gilman, 53 Misc.2d 65, 68). The intentional infliction of emotional...

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