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MULFORD v. FITZPATRICK

1845, 100746/08

68 A.D.3d 634 (2009)

2009 NY Slip Op 9541

892 N.Y.S.2d 81

GENEVIEVE MULFORD, as Executrix of CHARLES McGUCKIN, Deceased, Appellant, v. CELIA FITZPATRICK et al., Respondents.

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

Decided December 22, 2009.

It is uncontested that the estate timely commenced an action in the United States District Court in New Jersey within two years of the accrual of alleged fraudulent acts by defendants. The supplemental fraud claims in the federal action were dismissed without prejudice, as they did not meet the monetary threshold minimum of $75,000 after the primary negligence claims were dismissed in that action. The order disposing of that action...

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