BRITT v. NESTOR

2315, 111412/10.

145 A.D.3d 544 (2016)

2016 NY Slip Op 08437

43 N.Y.S.3d 338

THOMAS BRITT, Appellant, v. MARIANNE NESTOR et al., Respondents.

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

Decided December 15, 2016.


CPLR 203(e), in relevant part, provides: "Where a defendant has served an answer containing a defense or counterclaim and the action is terminated ... by dismissal ..., the time which elapsed between the commencement and termination of the action is not a part of the time within which an action must be commenced to recover upon the claim in the defense or counterclaim" (emphasis added).

Resolution of this appeal...

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