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COLON v. BANCO POPULAR NORTH AMERICA

59 A.D.3d 300 (2009)

874 N.Y.S.2d 44

FRANCISCO COLON et al., Appellants, v. BANCO POPULAR NORTH AMERICA, Respondent.

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

Decided February 24, 2009.

Even were we to find that plaintiffs sufficiently pleaded a cause of action for negligent misrepresentation, we would find

[59 A.D.3d 301]
the claim untimely. Plaintiffs acknowledge that the point of injury occurred when he was arrested and incarcerated on December 1, 2003, and accordingly, the action, commenced in April 2007, is barred by the applicable three-year statute of limitations (CPLR 214). Contrary to plaintiffs' contention, the action...

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