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CAVANAUGH v. WATANABE

10 Misc.3d 1043 (2005)

806 N.Y.S.2d 848

KEVIN CAVANAUGH, Plaintiff, v. MARK A. WATANABE, Defendant.

Supreme Court, Westchester County.

December 19, 2005.

Attorney(s) appearing for the Case

Philip D. Marin, Carmel, for defendant.

McMahon Martine & Gallagher, New York City (Michael T. O'Leary of counsel), for plaintiff.

OPINION OF THE COURT

JOAN B. LEFKOWITZ, J.

Defendant moves to dismiss the complaint as time-barred and the motion raises interesting issues revolving around the crime victim limitations statute (CPLR 213-b).

Plaintiff was assaulted by defendant on June 10, 1998. Defendant was charged with assault in the third degree, a class A misdemeanor. (Penal Law § 120.00.) On November 4, 1999, defendant pleaded...

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