Legal Opinion

Winston v. Freshwater Wetlands Appeals Board

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

Decided August 19, 1996PublishedCited by 35 opinions

1Opinion of the Court

OPINION OF THE COURT

Rosenblatt, J. P.

By enacting a "filing system” in place of a "service system”, the New York State Legislature changed the way lawsuits are started in the Supreme Court and the County Court.1 The legislation involved a host of statutory amendments, and included timetables that carry significant implications for Statutes of Limitation. The case before us involves the interplay of two statutes that contain time limits and extensions in connection with the recommencement of terminated actions.

CPLR 205 (a) and 306-b (b) are remedial type statutes, designed to allow the…

2Cases cited22 opinions

  1. Gaines v. . City of New YorkNew York Court of Appeals · 1915
  2. Carrick v. Central General HospitalNew York Court of Appeals · 1980
  3. George v. Mt. Sinai HospitalNew York Court of Appeals · 1979
  4. Markoff v. South Nassau Community HospitalNew York Court of Appeals · 1984
  5. People v. WalkerNew York Court of Appeals · 1993

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3Cited by35 opinions

  1. Wells Fargo Bank, N.A. v. EitaniAppellate Division of the Supreme Court of the State of New York · 2017
  2. Rochester Community Savings Bank v. Board of AssessorsAppellate Division of the Supreme Court of the State of New York · 1998
  3. Mendez v. Kyung YooAppellate Division of the Supreme Court of the State of New York · 2005
  4. Goldstein v. New York State Urban Development Corp.Appellate Division of the Supreme Court of the State of New York · 2009
  5. Brown Media Corp. v. K & L Gates, LLPDistrict Court, E.D. New York · 2018

30 more not listed; retrieve them via the Exa API.

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