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LESSOFF v. 26 COURT STREET ASSOCIATES, LLC

58 A.D.3d 610 (2009)

872 N.Y.S.2d 144

JEFFREY LESSOFF, Respondent, v. 26 COURT STREET ASSOCIATES, LLC, Appellant, et al., Defendants.

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

January 13, 2009.

Ordered that the appeal from the order dated December 5, 2007 is dismissed as abandoned; and it is further,

Ordered that the order dated March 22, 2007 is reversed insofar as appealed from, on the law, and that branch of the motion which was pursuant to CPLR 3211 (a) (5) to dismiss the complaint insofar as asserted against the appellant as time-barred is granted; and it is further,

Ordered that one bill of costs is awarded to the appellant.

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