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MERCURY v. SHEPHERDS BEACH

184 Misc.2d 266 (2000)

707 N.Y.S.2d 790

MERCURY CAPITAL CORP., Plaintiff, v. SHEPHERDS BEACH, INC., et al., Defendants.

Supreme Court, Suffolk County.

March 16, 2000.

Attorney(s) appearing for the Case

Ernest H. Hammer, New York City, for Shepherds Beach, Inc., defendant.

Tannenbaum, Helpern, Syracuse & Hirschtritt, L. L. P., New York City (Kevin A. Fox of counsel), for plaintiff.

OPINION OF THE COURT

MARQUETTE L. FLOYD, J.

This motion by defendant Shepherds Beach, Inc. (Shepherds) seeking an order dismissing the plaintiff's complaint before the service of an answer as barred by the Statute of Limitations is considered under CPLR 3211, 214, 204 and 11 USC § 362, and is denied.

The defendants Oliver executed a note on December 30, 1986 in the amount of $300,000 to Eastern Federal...

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