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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

New York City Housing Authority v. Pretto, 8 Misc. 3d 708 (2005)

Citation
New York City Housing Authority v. Pretto, 8 Misc. 3d 708 (2005)
Parent Document
New York City Housing Authority v. Pretto, 8 Misc. 3d 708 (2005)
Jurisdiction
New York (state)
Effective Date
2005-05-05

Other Sections in This Document (23)

Full Text

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In applying a statue of limitations, courts have been instructed to “look for the reality, and essence of the action and not its mere name” (Goldberg v Sitomer, Sitomer, & Porges, 97 AD2d 114, 117 [1983]; Westminister Props. v Kass, 163 Misc 2d 773 [1995]). As both parties seemingly agree that a statutory time period applies in commencing a proceeding for the illegal use of a residence; it is for the court to determine the appropriate statute of limitations to be applied.