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CARPENITO v. LINKSMAN

2018-10188. Index No. 87/18.

197 A.D.3d 553 (2021)

153 N.Y.S.3d 48

2021 NY Slip Op 04657

Michael Carpenito et al., Appellants, v. Lawrence I. Linksman et al., Respondents, et al., Defendants.

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

Decided August 11, 2021.

Attorney(s) appearing for the Case

William A. Schilling, Jr., P.C. (Michael V. Caruso, P.C., Brewster, NY), for appellants.

Benowich Law, LLP, White Plains, NY ( Leonard Benowich of counsel), for respondents.

Chambers, J.P., Brathwaite Nelson, Christopher and Ford, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

On or about January 2, 2018, the plaintiffs commenced this action, in effect, to recover on a promissory note that by its terms had matured in 2008. The defendants Lawrence I. Linksman and Fundex Properties Corp. (hereinafter together the Linksman defendants) moved, inter alia, pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted against them on various grounds, including that...

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