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RIZZO v. ROMERO

Index No. 800944/22, Appeal No. 2020, Case No. 2023-04922.

2024 NY Slip Op 01999

DORIAN RIZZO, ETC., ET AL., Plaintiffs-Appellants, v. GERARDO ROMERO ET AL., Defendants-Respondents.

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

Decided April 11, 2024.

Attorney(s) appearing for the Case

Ginsburg & Misk LLP, Queens Village ( Christopher Ryan Clarke of counsel), for appellants.

Herrick, Feinstein LLP, New York ( Arthur G. Jakoby of counsel), for respondents.

Before: Oing, J.P., Friedman, Kapnick, Scarpulla, Pitt-Burke, JJ.

Order, Supreme Court, Bronx County (Leticia M. Ramirez, J.), entered October 2, 2023, which granted defendants' motion to dismiss the complaint pursuant to CPLR 3211(a)(1), (5), and (7), and denied plaintiffs' cross-motion to amend the complaint, unanimously reversed, on the law, without costs, the motion to dismiss denied, and the cross-motion for leave to amend the complaint granted.

Supreme Court properly based the accrual timing of defendants Gerardo Romero and...

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