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FRANCO v. ESTATE OF KETTERER

2020-03692 Index No. 520626/19.

213 A.D.3d 912 (2023)

184 N.Y.S.3d 383

2023 NY Slip Op 00988

Franklyn Franco, Appellant, v. Estate of Arthur C. Ketterer, Deceased, Respondent.

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

Decided February 22, 2023.

Attorney(s) appearing for the Case

Pontisakos & Brandman, P.C. (Auciello Law Group, P.C., Brooklyn, NY [Anthony J. Auciello], of counsel), for appellant.

Buratti, Rothenberg & Burns, East Meadow, NY (Scott R. Dinstell of counsel), for respondent.

Connolly, J.P., Wooten, Zayas and Wan, JJ., concur.

In an action, inter alia, to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Robin K. Sheares, J.), dated February 27, 2020. The order granted a motion purportedly made on behalf of the defendant pursuant to CPLR 3211(a)(5) to dismiss the complaint as time-barred, and, in effect, denied the plaintiff's cross-motion for the appointment of the Public Administrator of Kings County as temporary administrator to represent...

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