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ABRAHAM v. KOSINSKI

305 A.D.2d 1091 (2003)

759 N.Y.S.2d 278

DAVID ABRAHAM, Appellant-Respondent, v. NORBERT KOSINSKI, D.P.M., Respondent-Appellant, and ROBERT DI CAPRIO, JR., D.P.M., Respondent.

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

Decided May 2, 2003.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying that part of plaintiff's cross motion to strike the statute of limitations defense of defendant Norbert Kosinski, D.P.M. and reinstating that defense and as modified the order is affirmed without costs and the matter is remitted to Supreme Court, Herkimer County, for further proceedings in accordance with the...

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