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FAMILIO v. HERSH

2015-09805. Index No. 600329/15.

150 A.D.3d 1203 (2017)

52 N.Y.S.3d 901

2017 NY Slip Op 04255

THERESA FAMILIO, Appellant, v. MAXINE HERSH et al., Respondents.

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

Decided May 31, 2017.

Ordered that the order is affirmed, with one bill of costs.

The Supreme Court properly directed the dismissal of the complaint as time-barred on the ground that the provisions of CPLR 205 (a) that toll the statute of limitations are inapplicable in this action because the plaintiff's prior action had been dismissed for neglect to prosecute (see CPLR 205 [a]; Webb v Greater N.Y. Auto. Dealers Assn., Inc., 123 A.D.3d 1111

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