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Paliotto v. Hartman

9 Misc. 2d 963 Court Supreme Court, Special Term, Queens County, Decision date 1957-06-27 English

Delivered by George P. Stier, J.

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p. 963
Angelo J. Paliotto, Plaintiff, v. Sylvia Hartman et al., Defendants.
Supreme Court, Special Term, Queens County,
June 27, 1957.
Friedman, Brenner & Friedman for Sylvester Cosentino, defendant.
Angelo J. Paliotto, plaintiff in person.

Motion to dismiss the second cause of action against Sylvester Cosentino upon the ground that said action was barred by the Statute of Limitations. Inasmuch as the moving defendant under the second cause of action is an alleged conspirator with the other defendants to accomplish the wrong charged in the first cause of action (Green v. Davies, 83 App. Div. 216 ) he is united in interest with his coconspirators

p. 964
within the meaning of section 16 of the Civil Pi-actice Act. His motion to dismiss the second cause of action as not having been commenced against him within the time limited by law is denied.

Submit order on notice.

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