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PIRO v. MACURA

2010-07594.

92 A.D.3d 658 (2012)

938 N.Y.S.2d 165

2012 NY Slip Op 945

SALVATORE PIRO et al., Appellants, v. JERZY MACURA, Respondent, et al., Defendant.

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

Decided February 7, 2012.

Ordered that the order is reversed, on the law, with costs, that branch of the motion of the defendant Jerzy Macura which was for summary judgment dismissing the complaint as time-barred insofar as asserted against him is denied, and the matter is remitted to the Supreme Court, Kings County, to determine the alternative branch of the defendant's motion, which was for summary judgment dismissing the complaint on the merits.

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