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WOLIN v. TRI STAR CONSTR. CORP.

Index Nos. 160122/15, 595145/17, Appeal No. 16066, Case No. 2021-01317.

206 A.D.3d 419 (2022)

167 N.Y.S.3d 397

2022 NY Slip Op 03582

William Wolin et al., Appellants, v. Tri Star Construction Corp. et al., Defendants, and AXA Financial, Inc., Respondent. CBRE, Inc., et al., Nonparty Respondents. Tri Star Construction Corp., Third-Party Plaintiff, v. Kaback Enterprises, Inc., Third-Party Defendant-Respondent.

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

Decided June 2, 2022.

Attorney(s) appearing for the Case

Brody, O'Connor & O'Connor, Northport (Scott A. Brody of counsel), for appellants.

Cartafalsa, Turpin & Lenoff, New York (Renee E. DeMott of counsel), for AXA Financial, Inc., and 787 Holdings, LLC, respondents.

Sheeley LLP, New York (Jon D. Lichtenstein of counsel), for CBRE, Inc., respondent.

Wilson Elser Moskowitz Edelman & Dicker LLP, New York (Judy C. Selmeci of counsel), for Kaback Enterprises, Inc., respondent.

Concur—Manzanet-Daniels, J.P., Kapnick, Shulman, Rodriguez, Higgitt, JJ.

In seeking to add 787 Holdings and CBRE as named defendants after the statute of limitations had expired on their claims, plaintiffs failed to satisfy the requirements of CPLR 203(b) (see Buran v Coupal, 87 N.Y.2d 173, 177-178 [1995]; C & J Bros., Inc. v Hunts Point Term. Produce Coop. Assn., 202 A.D.3d 432 [1st Dept 2022]). Notwithstanding the fact that plaintiffs had discontinued an action against those entities years...

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