ESTATE OF MANDARINO v. MANDARINO

No. 04 Civ. 148(GWG).

699 F.Supp.2d 646 (2010)

ESTATE OF James J. MANDARINO, Plaintiff, v. James MANDARINO et al., Defendants.

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

March 29, 2010.


Attorney(s) appearing for the Case

Michael S. Kimm, Kimm Law Firm, Englewood, NJ, for Plaintiff.

Eric Michael Kraus, Sedgwick, Detert, Moran & Arnold, LLP, Suzanne M. Halbardier, William D. Joyce, Barry, McTiernan & Moore, LLP, New York, NY, for Defendants.


OPINION AND ORDER

GABRIEL W. GORENSTEIN, United States Magistrate Judge.

On September 30 and October 1, 2009, this Court held an evidentiary hearing on the issue of whether the statute of limitations applicable to this action should be equitably tolled. For the reasons discussed below, plaintiff has not shown that equitable tolling is appropriate in this case. Accordingly, the complaint is dismissed on statute of limitations grounds.

I. ...

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