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HONRADO v. H.R. ELEC. CO.

188 Misc.2d 410 (2001)

728 N.Y.S.2d 921

FERNANDO P. HONRADO, Plaintiff, v. H.R. ELECTRIC CO., Inc., et al., Defendants.

Supreme Court, Westchester County.

June 22, 2001.

Attorney(s) appearing for the Case

Patrick Colligan, Harrison (Kevin W. Connolly of counsel), for H.R. Electric Co., Inc., defendant.

Susan B. Owens, Valhalla (Joseph M. Zecca of counsel), for Hector Robinson, defendant.

DeAngelis & Hafiz, P. C., Mount Vernon (Joseph J. Carcagno of counsel), for plaintiff.

OPINION OF THE COURT

JOHN R. LACAVA, J.

The dispositive issue herein is whether this negligence and Labor Law action is barred by the three-year statute of limitations (CPLR 214) or whether it survives by virtue of the tolling provisions and the six-month grace period found in CPLR 205 as would be measured from the termination of workers' compensation proceedings. Resolution of this issue entails consideration...

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