MARRERO v. CRYSTAL NAILS

2012-03508

114 A.D.3d 101 (2013)

978 N.Y.S.2d 257

2013 NY Slip Op 8599

DIGNA MARRERO et al., Appellants, v. CRYSTAL NAILS, Also Known as NAIL ART, et al., Respondents.

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

Decided December 26, 2013.


Attorney(s) appearing for the Case

Jonathan R. Vitarelli , New York City ( Stephen D. Chakwin, Jr. , of counsel), for appellants.

MacCartney, MacCartney, Kerrigan & MacCartney, Nyack ( William K. Kerrigan of counsel), for respondents Crystal Nails and another.

Ahmuty, Demers & McManus, Albertson, New York City ( Glenn A. Kaminska and Nicholas M. Cardascia of counsel), for respondents Anthony R. Spencer and another.

ANGIOLILLO, J.P., CHAMBERS and LOTT, JJ., concur.


OPINION OF THE COURT

DICKERSON, J.

Introduction

CPLR 205 (a) provides that when an action is dismissed on grounds other than voluntary discontinuance, lack of personal jurisdiction, neglect to prosecute, or a final judgment on the merits, the plaintiff may bring a new action within six months of the dismissal, even though the action would otherwise be barred by the statute of limitations. In 2008, the legislature amended CPLR 205 (a...

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