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HINES v. ABM JANITORIAL SERVICE-NORTHEAST

10457. 158407/17. 230.

178 A.D.3d 431 (2019)

115 N.Y.S.3d 233

2019 NY Slip Op 08623

Lenworth Hines et al., Respondents, v. ABM Janitorial Service-Northeast et al., Defendants, and 230 PAS, LLC, Formerly Known as PAS (15 CLIFF) LLC, et al., Appellants.

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

Decided December 3, 2019.

Attorney(s) appearing for the Case

Mischel & Horn, P.C., New York ( Christen Giannaros of counsel), for appellants.

Law Offices of Michelle S. Russo, P.C., Port Washington ( Michelle S. Russo of counsel), for respondents.

Concur—Friedman, J.P., Oing, Singh, Moulton, JJ.

In opposition to PAS's showing that the statute of limitations had elapsed, plaintiffs demonstrated that their claims against PAS relate back to their claims against defendant TF Cornerstone, Inc., by submitting evidence that TF Cornerstone had apparent authority to act on behalf of PAS at the time of the accident (see L & L Plumbing & Heating v DePalo, 253 A.D.2d 517, 518 [2d...

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