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

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 3, 1997

StatusPublished

This text of 236 A.D.2d 357 (Cosgrove v. Catania) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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).

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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.

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—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.

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Bluebook (online)

236 A.D.2d 357, 654 N.Y.S.2d 331, 1997 N.Y. App. Div. LEXIS 1043, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cosgrove-v-catania-nyappdiv-1997.

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