Chapman v. Johnson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment and order unanimously affirmed, with costs. Memorandum: Plaintiff appeals from a Special Term order dismissing his cause of action, brought under section 853 of the Real Property Actions and Proceedings Law, on the ground that said action is barred by the one-year Statute of Limitations (CPLR 215, subd. 3). Although plaintiff has attempted to express his cause of action in terms of a breach of contract, in fact and in law it is an action in tort for an assault and battery. Section 853 of the Real Property Actions and Proceedings Law “ applies only where the force employed to oust a…
2Cases cited7 opinions
- De Wolf v. . FordNew York Court of Appeals · 1908
- Gillespie v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1904
- Loehr v. East Side Omnibus Corp.Appellate Division of the Supreme Court of the State of New York · 1940
- Loehr v. East Side Omnibus CorporationNew York Court of Appeals · 1941
- Manning v. 1234 Corp.New York Supreme Court · 1940
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Andujar v. RogowskiDistrict Court, S.D. New York · 1986
- Florence v. KrasuckiDistrict Court, W.D. New York · 1982
- Statement, Inc. v. Pilgrim's Landing, Inc.Appellate Division of the Supreme Court of the State of New York · 1975
- Chelsea Marina, Inc. v. ScoralickAppellate Division of the Supreme Court of the State of New York · 1983
- Sam & Mary Housing Corp. v. Jo/Sal Market Corp.New York Supreme Court · 1983
2 more not listed; retrieve them via the Exa API.