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MARCECA v. CITY OF NY

5 Misc.3d 936 (2004)

787 N.Y.S.2d 640

ROSARIA MARCECA, Plaintiff, v. CITY OF NEW YORK et al., Defendants.

Supreme Court, Kings County.

October 26, 2004.

Attorney(s) appearing for the Case

Cullen & Dykman (Colleen Kerwick of counsel), for Keyspan Corporation, defendant.

Michael A. Cardozo, Corporation Counsel (Regina Bushkanets of counsel), for City of New York, defendant.

Theodore Pavlounis for plaintiff.

OPINION OF THE COURT

LAWRENCE S. KNIPEL, J.

Defendant Keyspan Corporation moves for an order, pursuant to CPLR 3211 (a) (5), dismissing the complaint on the ground that the action against Keyspan was commenced after the statute of limitations had expired and it is therefore time-barred. Keyspan also moves, without opposition, for an order restoring the instant motion to dismiss, which was "marked off" for both parties' failure to appear on the return date...

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