LAMENDOLA v. MOSSA


190 Misc.2d 147 (2001)

736 N.Y.S.2d 836

EMIL LAMENDOLA, Respondent, v. SEBASTIAN MOSSA et al., Appellants.

Supreme Court, Appellate Term, Second Department.

October 30, 2001.


Attorney(s) appearing for the Case

Cooper & Culley, P. C., Rosedale (Kevin P. Culley of counsel), for appellants.

Michael M. Premisler, Carle Place, for respondent.

ARONIN, J. P., PATTERSON and GOLIA, JJ., concur.


OPINION OF THE COURT

MEMORANDUM.

Order insofar as appealed from unanimously reversed without costs, defendants' motion granted and complaint dismissed.

Plaintiff instituted this action in June of 1998 for negligence, breach of contract and fraud. Defendants moved to add an affirmative defense of Statute of Limitations and dismiss the complaint on said ground. Plaintiff in his complaint and opposition papers in essence alleged that in the 1970's he...

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