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BAKER v. 40 WALL ST. HOLDINGS CORP.

2022-00215, Index No. 513153/19.

2024 NY Slip Op 01790

LOLA JOSEPH BAKER, Appellant, v. 40 WALL STREET HOLDINGS CORP., ET AL., Defendants, STAR-DELTA ELECTRIC, LLC, Respondent, (And a Third-Party Action).

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

Decided April 3, 2024.

Attorney(s) appearing for the Case

Elefterakis, Elefterakis & Panek, New York, NY ( Gennaro Savastano of counsel), for appellant.

McElroy, Deutsch, Mulvaney & Carpenter, LLP, New York, NY ( Michael J. Marone and Brian L. Battisti of counsel), for resondent.

Before: Valerie Brathwaite Nelson, J.P., Joseph J. Maltese, Helen Voutsinas, Janice A. Taylor, JJ.

DECISION & ORDER

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Debra Silber, J.), dated January 5, 2022. The order granted the motion of the defendant Star-Delta Electric, LLC, pursuant to CPLR 3211(a)(5) to dismiss the second amended complaint insofar as asserted against it as time-barred.

ORDERED that the order is reversed, on the law, with costs, and the motion of the...

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