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KENT v. 534 E. 11TH ST.

107528/08, 2785.

80 A.D.3d 106 (2010)

912 N.Y.S.2d 2

GILL KENT, Respondent, v. 534 EAST 11TH STREET et al., Appellants. (And a Third-Party Action.)

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

Decided October 28, 2010.

Attorney(s) appearing for the Case

O'Connor Redd, LLP, White Plains ( John P. Grill of counsel), for appellants.

Himmelstein, McConnell, Gribben, Donoghue & Joseph, New York City ( Serge Joseph of counsel), for respondent.

ANDRIAS, J.P., RENWICK and RICHTER, JJ., concur with CATTERSON, J.; ROMÁN, J., concurs in a separate opinion.

OPINION OF THE COURT

CATTERSON, J.

This action reaches us as a result of the plaintiff's attorneys reframing their arguments in a way obviously designed to evade the statute of limitations. This does not salvage plaintiff's complaint but serves only to illustrate why the motion court should have adhered to its original ruling granting summary judgment to the defendants, and not permitted revisitation by granting plaintiff's motion for reargument.

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