EISENBERG v. HSBC PAYMENT SERVICE (USA), INC.


307 A.D.2d 950 (2003)

762 N.Y.S.2d 878

STEPHEN J. EISENBERG et al., Appellants, v. HSBC PAYMENT SERVICE (USA), INC., et al., Respondents.

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

Decided August 11, 2003.


Ordered that the appeal from the order dated February 11, 2002, is dismissed, as that order was superseded by the order dated April 18, 2002, made upon reargument; and it is further,

Ordered that the order dated April 18, 2002, is affirmed insofar as appealed from; and it is further,

Ordered that one bill of costs is awarded to the respondents.

CPLR 3213 allows a plaintiff to commence an action "based upon...

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