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BALOGH v. CSEA

231716.

30 Misc.3d 809 (2011)

915 N.Y.S.2d 799

LAURA BALOGH, Plaintiff, v. CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., et al., Defendants.

Supreme Court, Rensselaer County.

Decided January 5, 2011.

Attorney(s) appearing for the Case

Blitman & King, LLP, Rochester ( Jules L. Smith of counsel), for Civil Service Employees Association, Inc. and another, defendants.

Towne, Ryan & Partners, P.C., Albany ( James T. Towne, Jr. , of counsel), for plaintiff.

OPINION OF THE COURT

MICHAEL C. LYNCH, J.

By notice of motion returnable April 27, 2010, defendant seeks an order pursuant to CPLR 3211 (a) (5) dismissing this action as barred by the statute of limitations. Plaintiff has opposed the application and filed a separate motion returnable May 7, 2010, seeking an order pursuant to CPLR 305 (c) amending her summons nunc pro tunc. Oral argument was held on September 28, 2010.

Plaintiff's underlying action...

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