Millin-Hall v. City of New York
This text of 293 A.D.2d 354 (Millin-Hall v. City of New York) 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.
Opinion
Order, Supreme Court, Bronx County (Paul Victor, J.), entered on or about April 27, 2001, which denied defendants-appellants’ motion to dismiss the action pursuant to CPLR 3211 (a) (5) as time-barred, unanimously affirmed, without costs.
Denial of appellants’ motion to dismiss the action as time-barred was proper. Plaintiff’s deposition testimony, her affidavit in opposition to the motion and her medical records, when viewed in the light most favorable to her (see, Cron v Hargro Fabrics, 91 NY2d 362, 366), indicate that she has a timely toxic tort claim. Concur—Mazzarelli, J.P., Saxe, Rosenberger, Ellerin and Marlow, JJ.
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Cite This Page — Counsel Stack
293 A.D.2d 354, 740 N.Y.S.2d 209, 2002 N.Y. App. Div. LEXIS 3848, Counsel Stack Legal Research, https://law.counselstack.com/opinion/millin-hall-v-city-of-new-york-nyappdiv-2002.