Francisco v. Maniglia

Order, Supreme Court, New York County, entered on *808November 15, 1976, granting plaintiffs motion to strike defendant-appellant’s affirmative defense of Statute of Limitations and denying appellant’s cross motion to dismiss the complaint herein, unanimously modified, on the law, to the extent of denying plaintiffs motion to strike the above-mentioned affirmative defense, and as so modified, the order is affirmed, without costs and without disbursements. Special Term erroneously held that "the undisputed evidence submitted * * * demonstrated that the last date upon which plaintiff was treated by…