Legal Opinion
King v. Killum
Civil Court of the City of New York
Decided April 17, 1963PublishedCited by 2 opinions
1Opinion of the CourtSidney Gold, J.
Defendant Fox moves to dismiss the complaint pursuant to subdivision 5 of rule 107 of the Rules of Civil Practice.
The cause of action for negligence arose in January, 1959. The Secretary of State was served in October, 1962 pursuant to section 253 of the Vehicle and Traffic Law.
The only issue is whether section 19 of the Civil Practice Act tolled the Statute of Limitations.
Section 19 of the Civil Practice Act reads in part as follows:
“But this section does not apply in either of the following cases:
‘ ‘ 1. While a designation or appointment, voluntary or involuntary, made in pursuance of law,…
2Cases cited6 opinions
- Maguire v. Yellow Taxicab Corp.Appellate Division of the Supreme Court of the State of New York · 1938
- Maguire v. Yellow Taxicab Corporation, SpeckNew York Court of Appeals · 1938
- Caruso v. BardNew York Supreme Court · 1959
- Fuller v. StuartNew York Supreme Court · 1956
- Guastella v. ReichenbackNew York Supreme Court · 1955
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Nelson v. FraboniAppellate Division of the Supreme Court of the State of New York · 1971
- Nucci v. JudsonNew York Supreme Court · 1973