TONG v. TARGET, INC.

2010-09684.

83 A.D.3d 1046 (2011)

922 N.Y.S.2d 458

DICKON TONG, Appellant, v. TARGET, INC., et al., Respondents.

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

Decided April 26, 2011.


Ordered that the order is affirmed, with costs.

Contrary to the plaintiff's contention, the Supreme Court properly granted that branch of the defendants' motion which was to dismiss the first cause of action as barred by the one year statute of limitations applicable to intentional torts (see CPLR 215 [3]). In determining which limitations period is applicable to a given claim, the court must look to the substance of the allegations rather than to the characterization...

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