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BOODOO v. ALBEE DENTAL CARE

2008-08913.

67 A.D.3d 717 (2009)

888 N.Y.S.2d 209

2009 NY Slip Op 08168

SHIRLEY BOODOO, Respondent, v. ALBEE DENTAL CARE, Defendant, and JOHN CHOI, Appellant. (And a Third-Party Action.)

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

Decided November 10, 2009.

Ordered that the order is reversed, on the law, with costs, and that branch of the motion of the defendant John Choi which was pursuant to CPLR 3211 (a) (5) to dismiss the amended verified complaint insofar as asserted against him as time-barred is granted.

Since it is undisputed that the statute of limitations had expired with respect to the amended verified complaint naming the defendant John Choi as a defendant, the burden...

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