Legal Opinion

Mulford v. Fitzpatrick

Appellate Division of the Supreme Court of the State of New York

Decided December 22, 2009PublishedCited by 3 opinions

1Opinion of the Court

It is uncontested that the estate timely commenced an action in the United States District Court in New Jersey within two *635years of the accrual of alleged fraudulent acts by defendants. The supplemental fraud claims in the federal action were dismissed without prejudice, as they did not meet the monetary threshold minimum of $75,000 after the primary negligence claims were dismissed in that action. The order disposing of that action stated only that dismissal was on the basis that the supplemental claims did not meet the federal jurisdictional amount in controversy (see generally CPLR 205…

2Cases cited2 opinions

  1. Catauro v. Goldome Bank for SavingsAppellate Division of the Supreme Court of the State of New York · 1993
  2. Bock v. Rockwell Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1989

3Cited by3 opinions

  1. Acquest Wehrle, LLC v. Town of AmherstAppellate Division of the Supreme Court of the State of New York · 2015
  2. Broadway Warehouse Co. v. Buffalo Barn Bd., LLCAppellate Division of the Supreme Court of the State of New York · 2021
  3. ACQUEST WEHRLE, LLC v. TOWN OF AMHERSTAppellate Division of the Supreme Court of the State of New York · 2015

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