The complaint, against the executrix of the estate of plaintiff's husband, Schuman, and the executrix's attorney, Gruhin, was properly dismissed as time barred. Contrary to plaintiff's argument, the motion court did not improperly treat defendant's motion to dismiss as a motion for summary judgment. The court's determination was plainly premised on the allegations of the complaint, not the evidentiary matter submitted by defendant. On the merits, the court correctly concluded...
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