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PATRIOT EXPLORATION, LLC v. THOMPSON & KNIGHT LLP

No. 88 SSM 4.

16 N.Y.3d 762 (2011)

PATRIOT EXPLORATION, LLC, et al., Respondents, v. THOMPSON & KNIGHT LLP, Appellant.

Court of Appeals of New York.

Decided February 17, 2011.

Attorney(s) appearing for the Case

Thompson & Knight LLP, New York City ( E. Michael Sheehan of counsel), for appellant.

Bernkopf Goodman, LLP ( Peter B. McGlynn , of the Massachusetts bar, admitted pro hac vice, of counsel), for respondents.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed with costs, and defendant's motion to dismiss the complaint granted on the conditions that defendant (1) consent to deeming the filing date of the Texas action to be as of October 27, 2008, the date respondents filed this action in New York, and (2) waive any statute of limitations defense in the Texas action. The certified question should be answered in the negative...

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