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WEST CHELSEA BLDG. v. GUTTMAN

650968/14 16694

139 A.D.3d 39 (2016)

29 N.Y.S.3d 15

2016 NY Slip Op 02548

WEST CHELSEA BUILDING LLC, Appellant, v. JACK GUTTMAN et al., Respondents, et al., Defendant.

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

Decided March 31, 2016.

Attorney(s) appearing for the Case

Jeffrey W. Toback, P.C., Long Beach ( Jeffrey Toback of counsel), for appellant.

Harfenist Kraut & Perlstein, LLP, Lake Success ( Steven J. Harfenist and Andrew C. Lang of counsel), for respondents.

FRIEDMAN, SAXE and KAPNICK, JJ., concur.

OPINION OF THE COURT

The issue raised on appeal is whether the three-year statue of limitations is tolled by defendants' failure to given written notice to plaintiff pursuant to Administrative Code of the City of New York § 27-860 (c). We find that it is not and that plaintiff's action is time-barred.

Plaintiff West...

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