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Consiglio v. Consiglio

143 A.D.2d 505 Court N.Y. App. Div. Decision date 1988-09-27 English

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p. 505
Vincent J. Consiglio, Appellant, v Chris Consiglio et al., Respondents.

Order unanimously reversed on the law without costs, and defendants’ motion denied. Memorandum: Special Term erred in granting defendants’ motion to dismiss plaintiffs complaint pursuant to Partnership Law § 74 on the ground that it was barred by the Statute of Limitations (CPLR

p. 506
3211 [a] [5]). There is an issue of fact when, if ever, the partnership was dissolved, and thus, when, if ever, the cause of action accrued (see, Bernstein v La Rue, 120 AD2d 476 , lv dismissed 70 NY2d 746 ). (Appeal from order of Supreme Court, Erie County, Flaherty, J. — dismiss complaint.) Present —Dillon, P. J., Doerr, Green, Pine and Lawton, JJ.

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