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TURNER CONSTR. v. NASTASI

652218/17. Appeal No. 12593. Case No. 2020-02117.

192 A.D.3d 103 (2020)

2020 NY Slip Op 08024

TURNER CONSTRUCTION COMPANY, Respondent, v. NASTASI & ASSOCIATES, INC., Appellant.

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

Decided December 29, 2020.

Attorney(s) appearing for the Case

Spiro Harrison, New York City ( Meredith Sharoky Paley of counsel), for appellant.

Peckar & Abramson, P.C., New York City ( Alexander X. Saunders and Howard M. Rosen of counsel), for respondent.

FRIEDMAN, J.P., KAPNICK, WEBBER and KERN, JJ., concur.

OPINION OF THE COURT

At issue on this appeal is whether defendant Nastasi & Associates, Inc.'s counterclaims should be dismissed at the pleading stage of this action on the ground that they are untimely because they were not interposed within the one-year contractual limitation. We find that issues of fact are raised as to...

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