Cosgrove v. Catania

Appellate Division of the Supreme Court of New York

Cosgrove v. Catania

236 A.D.2d 357, 654 N.Y.S.2d 331, 1997 N.Y. App. Div. LEXIS 1043

Appellate Division of the Supreme Court of the State of New York·Decided February 3, 1997·Published

Opinion

—In an action, inter alia, to recover damages for fraud, the defendant appeals from so much of an order of the Supreme Court, Suffolk County (Kitson, J.), dated January 31, 1996, as denied her motion for summary judgment dismissing the complaint as time barred.

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

There are issues of fact which preclude the granting of summary judgment based upon the Statute of Limitations defense (see, Barristers Abstract Corp. v Caufield, 203 AD2d 406; Lenz v Associated Inns & Rests. Co., 833 F Supp 362, 373). Ritter, J. P., Thompson, Friedmann and McGinity, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—In an action, inter alia, to recover damages for fraud, the defendant appeals from so much of an order of the Supreme Court, Suffolk County (Kitson, J.), dated January 31, 1996, as denied her motion for summary judgment dismissing the complaint as time barred.

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

There are issues of fact which preclude the granting of summary judgment based upon the Statute of Limitations defense (see, Barristers Abstract Corp. v Caufield, 203 AD2d 406; Lenz v Associated Inns & Rests. Co., 833 F Supp 362, 373). Ritter, J. P., Thompson, Friedmann and McGinity, JJ., concur.

Cosgrove v. Catania, 236 A.D.2d 357, 654 N.Y.S.2d 331, 1997 N.Y. App. Div. LEXIS 1043 (N.Y. Ct. App. 1997).

Pincite

236 A.D.2d 357 (Cosgrove v. Catania) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related