ROSS v. KOHL'S DEPARTMENT STORES, INC.


65 A.D.3d 540 (2009)

882 N.Y.S.2d 911

SERINA L. ROSS, Appellant, v. KOHL'S DEPARTMENT STORES, INC., Respondent.

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

Decided August 4, 2009.


Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment is reversed, on the law, with costs, the defendant's motion to dismiss the complaint pursuant to CPLR 3211 (a) (5) and 215 (3), on the ground that the statute of limitations had expired is denied, the complaint is reinstated, and the order entered September 4, 2008, is modified accordingly.

The appeal from the intermediate...

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