Oggioni v. Oggioni
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to set aside a deed on the ground of fraud, the plaintiff appeals from (1) an order of the Supreme Court, Suffolk County (Berler, J.), dated January 9, 2006, which granted the defendants’ cross motion, among other things, in effect, pursuant to CPLR 3211 (a) (5) to dismiss the complaint as time-barred and denied, as academic, his motion pursuant to CPLR 602 (a) for a joint trial of this action with a proceeding entitled probate proceeding, will of Frank Oggioni, pending in the Surrogate’s Court, Suffolk County, under file No. 2335 P 2000, and (2) an order of the same…
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