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SPITZER v. ALL-PRO CORP.

195 Misc.2d 245 (2003)

758 N.Y.S.2d 775

In the Matter of ELIOT SPITZER, as Attorney General of the State of New York, on Behalf of ULTIMATE CHARITABLE BENEFICIARIES, Plaintiff, v. ALL-PRO TELEMARKETING ASSOCIATES CORP. et al., Defendants.

Supreme Court, Albany County.

February 21, 2003.

Attorney(s) appearing for the Case

Bouck, Holloway, Kiernan & Casey LLP, Albany (Brian D. Casey of counsel), for defendants.

Eliot Spitzer, pro se, and Timothy B. Lennon, Albany, for Eliot Spitzer, plaintiff.

OPINION OF THE COURT

THOMAS W. KEEGAN, J.

Defendants move pursuant to CPLR 3211 (a) for partial dismissal of plaintiff's claims. Defendants contend that: (1) the portion of plaintiff's claims based upon defendants' actions prior to October 7, 1999 are barred by the applicable statute of limitations; (2) that the plaintiff fails to state a cause of action against defendant Mark Gelvan; and (3) that this...

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