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ISLAND ADC, INC. v. BALDASSANO ARCHITECTURAL GROUP, P.C.

49 A.D.3d 815 (2008)

854 N.Y.S.2d 230

ISLAND ADC, INC., Appellant, v. BALDASSANO ARCHITECTURAL GROUP, P.C., Respondent.

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

Decided March 25, 2008.

Ordered that the order is reversed, on the law, with costs, and that branch of the defendants' motion which was to dismiss the complaint as time-barred is denied.

The plaintiff commenced this action, inter alia, to recover damages for breach of contract. Prior to answering, the defendants moved, inter alia, pursuant to CPLR 3211 (a) (5) to dismiss the complaint as time-barred. The Supreme Court granted that branch of the motion, and we now reverse.

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