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ZITO v. COUNTY OF SUFFOLK

2010-05631.

81 A.D.3d 722 (2011)

916 N.Y.S.2d 611

JOSEPH ZITO et al., Respondents, v. COUNTY OF SUFFOLK, Appellant.

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

Decided February 8, 2011.

Ordered that the order is reversed insofar as appealed from, with costs, and those branches of the defendant's motion which were for leave to amend its answer to assert the first, second, and third proposed affirmative defenses, which are based on the statute of limitations and the statute of frauds, are granted.

The plaintiff Joseph Zito commenced this action individually and on behalf of his predecessors-in-interest against...

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