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MILIGRIM, THOMAJAN & LEE v. GOLDEN GATE PETROLEUM, P.C.

570208/08.

2008 NY Slip Op 51309 (U)

MILIGRIM, THOMAJAN & LEE N/K/A VARET & FINK, P.C., Plaintiff-Respondent, v. GOLDEN GATE PETROLEUM, P.C. And DENNIS O'KEEFE, Defendant-Appellant.

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

Decided June 30, 2008.

PER CURIAM.

Defendant's counterclaim alleging legal malpractice is not time-barred. Pursuant to CPLR 203(d), a counterclaim is deemed interposed for Statute of Limitations purposes as of the time the summons is filed (see Proskauer Rose Goetz & Mendelsohn v. Munao, 270 A.D.2d 150 [2000]; McLaughlin, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C203:9) Plaintiff's summons was filed in June 1990. Inasmuch...

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