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HIRSH v. PERLMUTTER

2007-09666.

2008 NY Slip Op 06359

AVRAHAM HIRSH, respondent, v. CARTEL PERLMUTTER, appellant.

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

Decided July 22, 2008.

Attorney(s) appearing for the Case

John P. Humphreys, Melville, N.Y. (David R. Holland of counsel), for appellant.

Solomon Rosengarten, Brooklyn, N.Y., for respondent.

Before: ROBERT A. LIFSON, J.P., ANITA R. FLORIO, EDWARD D. CARNI, ARIEL E. BELEN, JJ.

DECISION & ORDER

ORDERED that the order is reversed insofar as appealed from, on the law, with costs, and the defendant's motion to dismiss the complaint as time-barred is granted.

The plaintiff's cause of action accrued on November 22, 2003, when he allegedly fell while walking on property located in the Village of Kiryas Joel. In his original complaint, the plaintiff alleged that the property was owned by Saul Perlmutter; in his amended complaint,...

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