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MARTIN v. WITKOWSKI

1380 CA 14-01794.

158 A.D.3d 131 (2017)

68 N.Y.S.3d 603

2017 NY Slip Op 09014

ANTOINE MARTIN, II, Appellant, v. WALTER WITKOWSKI, Respondent. (Appeal No. 1.)

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

Decided December 22, 2017.

Attorney(s) appearing for the Case

Vinal & Vinal, P.C., Buffalo ( Jeanne M. Vinal of counsel), for appellant.

Nash Connors, P.C., Buffalo ( James J. Nash of counsel), for respondent.

WHALEN, P.J., CENTRA, DEJOSEPH and WINSLOW, JJ., concur.

OPINION OF THE COURT

This appeal raises an age-old dilemma: how should the law distinguish between a father and son of the same name? Under the circumstances presented here, we hold that plaintiff properly commenced a single action against Walter Witkowski, Jr. notwithstanding plaintiff's initial and ineffective attempt to...

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