PUBLIC ADMINISTRATOR OF KINGS COUNTY v. HOSSAIN CONSTRUCTION CORPORATION


27 A.D.3d 714 (2006)

815 N.Y.S.2d 621

PUBLIC ADMINISTRATOR OF KINGS COUNTY, Respondent, v. HOSSAIN CONSTRUCTION CORPORATION et al., Defendants, and BRUNO FRUSTACI CONTRACTING, INC., Appellant. (And a Third-Party Action.)

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

March 28, 2006.


Ordered that the order is reversed insofar as appealed from, on the law and as a matter of discretion, with costs, those branches of the motion which were for leave to amend the appellant's answer to add the affirmative defense of the statute of limitations as to the wrongful death causes of action and to dismiss those causes of action insofar as asserted against the appellant based on that affirmative defense are granted, and those causes of action are dismissed insofar...

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