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DYNAMIC CHEMICALS, INC. v. ACKERMAN MECH. SERVS, INC.,

58 A.D.3d 153 (2008)

867 N.Y.S.2d 820

DYNAMIC CHEMICALS, INC., Also Known as BEAR DYNAMIC SUPPLY, et al., Respondents, v. ACKERMAN MECHANICAL SERVICES, INC., et al., Appellants.

Appellate Division of the Supreme Court of New York, Fourth Department.

November 21, 2008.

Attorney(s) appearing for the Case

Duke, Holzman, Photiadis & Gresens LLP, Buffalo (James W. Gresens of counsel), for appellants.

Garvey & Garvey, Buffalo (Matthew J. Garvey of counsel), for respondents.

Before: HURLBUTT, J.P., SMITH, GREEN and PINE, JJ., concur.

OPINION OF THE COURT

GORSKI, J.

In this case of first impression in a New York State court, the issue is whether CPLR 215 (8) applies to a criminal action in a court of any state or in any federal court. For the reasons that follow, we conclude that it does.

Defendants, Eric Ackerman and Ackerman Mechanical Services, Inc. (AMS), appeal from an order denying that part of their motion for summary judgment dismissing the sixth cause of action as time...

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