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Dismissal affirmed by Appellate Division

Michael P. Kandler obtained an affirmance of a dismissal of an action against a construction contractor in an appeal to the Appellate Division, First Department in Opiela v. May Industries Corp., 10 A.D.3d 340, 781 N.Y.S.2d 353 (1st Dep’t, August 26, 2004). In Opiela, the Plaintiff attempted to bring actions against defendant contractors under CPLR 306-b almost two years after the statute of limitations hadpassed. The Appellate Division ruled that the Plaintiff did not establish good cause for the delay, and that the additional defendants were not united in interest with the original defendants.

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