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MALAMENT v. VASAP CONSTRUCTION CORP.

285 A.D.2d 584 (2001)

728 N.Y.S.2d 381

HOWARD MALAMENT et al., Respondents, v. VASAP CONSTRUCTION CORP., Also Known as VASOP CONSTRUCTION CORP., Defendant, and DOLA CONSTRUCTION CORP., Appellant. (And a Third-Party Action.)

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

Decided July 23, 2001.

Ordered that the order is modified by deleting the provision thereof granting the plaintiffs' motion to strike the affirmative defense of the Statute of Limitations; as so modified, the order is affirmed, without costs or disbursements, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings consistent herewith.

As set forth in Buran v Coupal (87 N.Y.2d 173, 178), the three conditions that...

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