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322 W. 47TH ST. HDFC v. TIBALDEO

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196 A.D.3d 411 (2021)

146 N.Y.S.3d 783

2021 NY Slip Op 04199

322 West 47th Street HDFC, Plaintiff/Counterclaim Defendant-Respondent-Appellant, v. Camille Tibaldeo, Defendant/Counterclaim Plaintiff, and Lawrence Guarino, Defendant/Counterclaim Plaintiff-Appellant-Respondent, et al., Defendants. (And Other Actions.).

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

Decided July 6, 2021.

Attorney(s) appearing for the Case

Mobilization for Justice, Inc., New York ( Andrew Darcy of counsel), for appellant-respondent.

Zingman Associates PLLC, New York ( Cheryl R. Ginsburg of counsel), for respondent-appellant.

Concur—Acosta, P.J., Kapnick, Moulton, Scarpulla, JJ.

The motion court properly granted HDFC's motion for summary judgment dismissing as untimely defendant Guarino's first, fourth, and fifth counterclaims in his amended answer relying on correspondence from 1993 and 1994 in order to establish his status as a shareholder in HDFC. Although the record shows that Guarino had raised the circumstances of his right to purchase the shares to his apartment in his 1998 answer to a holdover...

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