CANNELLAS EX REL. ESTATE OF DIGIACOMO v. LENTZ

No. 04 Civ.5308 MGC.

396 F.Supp.2d 435 (2005)

Diana CANNELLAS, Administratrix for the ESTATE OF Guido M. DIGIACOMO, Plaintiff, v. Martin LENTZ and H. Joseph Sauble, Defendants.

United States District Court, S.D. New York.

October 24, 2005.


Attorney(s) appearing for the Case

Miniter & Associates by Francis A. Miniter, Hartford, Connecticut, for Plaintiff.

Litchfield Cavo, LLP by Edward Fogarty, Jr., New York City, for Defendants.


OPINION

CEDARBAUM, District Judge.

Defendant Martin Lentz moves to dismiss this action on the grounds that it is barred by the statute of limitations. For the reasons that follow, the motion is denied.

BACKGROUND

On September 3, 2003, plaintiff filed a complaint against Lentz and Sauble asserting a claim for wrongful death and a survival claim for personal injury of the decedent, Guido M. DiGiacomo. DiGiacomo was crossing the street...

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