SCHULMAN v. JACOBOWITZ


19 A.D.3d 574 (2005)

797 N.Y.S.2d 547

ARLENE SCHULMAN et al., Appellants, v. ISRAEL JACOBOWITZ et al., Respondents, et al., Defendants.

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

June 20, 2005.


Ordered that the order is reversed insofar as appealed from, on the law and the facts, with costs, those branches of the motions which were to dismiss the cause of action to recover damages for conscious pain and suffering as time-barred are denied, that branch of the cross motion which was to strike the respondents' affirmative defense that the cause of action to recover damages for conscious pain and suffering is time-barred is granted, and that cause of action is reinstated...

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