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GOLDBERG v. TORIM

Index No. 151425/18. Appeal No. 738. Case No. 2023-01475.

220 A.D.3d 465 (2023)

197 N.Y.S.3d 204

2023 NY Slip Op 05097

David Goldberg, Respondent, v. Shloime Torim, Defendant, and Leah Torim, Appellant.

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

Decided October 10, 2023.

Attorney(s) appearing for the Case

Ershowsky Verstandig PLLC, Lawrence (Michael B. Ershowsky of counsel), for appellant.

Jonathan E. Neuman, Fresh Meadows, for respondent.

Concur—Manzanet-Daniels, J.P., Gesmer, González, Kennedy, O'Neill Levy, JJ.

Order, Supreme Court, New York County (Francis A. Kahn, III, J.), entered on or about January 9, 2023, which denied defendant Leah Torim's motion to dismiss the amended complaint as against her as time-barred, unanimously affirmed, with costs.

Plaintiff's cause of action for conversion as against defendant was not time-barred because the claim against defendant related back to the conversion claim asserted against codefendant, Shloime Torim, in the original complaint...

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