ACHACHE v. OCH

650737/12, 15178, 15177

128 A.D.3d 563 (2015)

8 N.Y.S.3d 565

2015 NY Slip Op 04386

ARNAUD C. ACHACHE et al., Appellants, v. DANIEL OCH et al., Respondents.

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

Decided May 21, 2015.


Judgment, Supreme Court, New York County (Saliann Scarpulla, J.), entered July 14, 2014, dismissing the complaint, unanimously affirmed, with costs. Appeal from order, same court and Justice, entered March 13, 2014, which granted defendants' motion to dismiss the complaint pursuant to CPLR 3211 (a) (5) and (7), unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

The court correctly found that, by waiting too long to file the instant...

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