Russack v. Weinstein
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for breach of contract, (1) the plaintiff appeals from an order of the Supreme Court, Kings County (Barasch, J.), dated September 28, 2000 (the first order), which denied his motion for summary judgment, and (2) the defendants appeal from an order of the same court, also dated September 28, 2000 (the second order), which denied their cross motion, inter alia, pursuant to CPLR 3211 (a) (5) to dismiss the complaint as time barred.
Ordered that the first order is modified, on the law, by (1) deleting the provision thereof denying that branch of the *440plaintiff’s…
2Cases cited3 opinions
- W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
- Weisberger v. GoldsteinAppellate Division of the Supreme Court of the State of New York · 1997
- Tikotzky v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2001
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