Legal Opinion
Fischer v. Seamen's Church Institute
New York Supreme Court
Decided June 1, 1949PublishedCited by 5 opinions
1Opinion of the CourtCuff, J.
Defendant moves to dismiss the complaint on the ground that (1) the Statute of Limitations has expired with respect to each of the four causes pleaded, and (2) defendant’s demand under rule 9-a of the Rules of Civil Practice has not been complied with.
The first cause sounds partially in breach of contract, but “ The form of the action, whether ex contractu * * * or ex delicto, does not affect the case under this statute ” (of limitations). (Webber v. Herkimer & Mohawk St. R.R. Co., 109 N. Y. 311, 314.) The damages alleged and the amount demanded define the action as one for assault and…
2Cases cited3 opinions
- Webber v. Herkimer & Mohawk Street RailroadNew York Court of Appeals · 1888
- Loehr v. East Side Omnibus Corp.Appellate Division of the Supreme Court of the State of New York · 1940
- Salerno v. LansingAppellate Division of the Supreme Court of the State of New York · 1945
3Cited by5 opinions
- Adler v. Beverly Hills HospitalCourt of Appeals of Texas · 1980
- Reginald D. Still v. G. Raymond NicholsCourt of Appeals for the First Circuit · 1969
- Tranberg v. County of NassauNew York Supreme Court · 1961
- Freedman v. Statewide Machinery, Inc.New York Supreme Court · 1959
- New Jersey Shale Brick & Tile Sales Corp. v. Queensland Realty Corp.Civil Court of the City of New York · 1973