What is the test for a motion alleging that plaintiff knew that defendants violated Section 14 of the New York State Code of Civil Procedure?

MultiRegion, United States of America

The following excerpt is from Stull v. Bayard, 561 F.2d 429 (2nd Cir. 1977):

Because it is undisputed that plaintiff had actual knowledge of defendants' alleged violations of 14 no later than May 10, 1971, this provision, standing alone, would be a clear bar to the present action. Rickel v. Levy, 370 F.Supp. 751, 756-57 (E.D.N.Y.1974).

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