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NOWACKI v. BECKER

CA 09-01723.

71 A.D.3d 1496 (2010)

897 N.Y.S.2d 560

HANNA NOWACKI, Appellant, v. DEAN E. BECKER, Respondent.

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

Decided March 19, 2010.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this personal injury action and, several months after answering the complaint, defendant moved pursuant to CPLR 3211 (a) (5) to dismiss the complaint on the ground that the action was time-barred. We agree with plaintiff that defendant's motion was untimely because it was not made "before service of...

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