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ROSAR REALTY CORPORATION v. LEAVIN

7 A.D.3d 295 (2004)

776 N.Y.S.2d 258

ROSAR REALTY CORPORATION, Respondent-Appellant, v. PAUL E. LEAVIN ET AL., Appellants-Respondents.

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

May 6, 2004.

The motion court correctly determined that defendant Leavin was not estopped from raising the statute of limitations (see Kaufman v Cohen, 307 A.D.2d 113, 122 [2003]), that plaintiff did not admit the complaint was untimely (see Scolite Intl. Corp. v Vincent J. Smith, Inc., 68 A.D.2d 417, 421 [1979]), and that plaintiff's limited inquiry — one telephone call to the apartment to determine...

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