Schneck v. S. T. Grand, Inc.
New York Supreme Court
1Opinion of the CourtWalter R. Hart, J.
Each defendant separately moves to dismiss the complaint pursuant to rule 107 of the Rules of Civil Practice on the ground that the action is barred by the three-year Statute of Limitations (Civ. Prac. Act, § 49, subd. 6).
On April 24, 1953 plaintiff was injured as a result of an accident allegedly caused by the negligence of the defendants. In June, 1953 plaintiff instituted the first action to recover damages therefor. On January 24, 1958 said action was dismissed at a Trial Term for the failure of plaintiff to select a jury. On June 15, 1958 and within one year from the termination of the…
2Cases cited4 opinions
- Sweeting v. Staten Island & Midland Railway Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Haber v. TelsonNew York Supreme Court · 1956
- Holland v. SchwartzAppellate Division of the Supreme Court of the State of New York · 1940
- Zahralban v. City of New YorkNew York Supreme Court · 1956
3Cited by5 opinions
- Wright v. L. C. Defelice & Son, Inc.Appellate Division of the Supreme Court of the State of New York · 1964
- Miller v. HainzlCity of New York Municipal Court · 1961
- Austrian v. Red Arrow Bonded Messenger Corp.New York Supreme Court · 1959
- Flans v. Federal InsuranceAppellate Division of the Supreme Court of the State of New York · 1977
- Stein v. GoldbergNew York Supreme Court · 1961