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KREMEN v. BENEDICT P. MORELLI & ASSOC. PC

54 A.D.3d 596 (2008)

864 N.Y.S.2d 2

VICTORIA KREMEN et al., Respondents, v. BENEDICT P. MORELLI & ASSOCIATES PC, Also Known as MORELLI RATNER PC, et al., Appellants, et al., Defendants.

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

September 16, 2008.

Plaintiffs allege negligence in legal representation in their original medical malpractice action, which was dismissed as untimely. Specifically, they allege failure to argue their entitlement to the "bankruptcy toll" of the statute of limitations. 11 USC § 108 (a) (2) provides debtors a two-year toll of an existing statute of limitations period, but only if "such period has not expired before the date of the filing of the...

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