Legal Opinion
Caulston v. Rosenfeld
New York Supreme Court
Decided November 19, 1940PublishedCited by 6 opinions
1Opinion of the CourtKoch, J.
This is a motion to dismiss the complaint on the basis of the Statute of Limitations.
The cause of action in favor of the infant plaintiff is not barred by the statute since subdivision 3 of section 60 of the Civil Practice Act extends the infant’s time to sue for a period of one year after reaching majority. The fact that a previous action brought by the infant through a guardian ad litem was dismissed for failure to prosecute does not affect the situation. In Geibel v. Elwell (91 Hun, 550) it was held that the commencement of an action by an infant through a guardian ad litem did not…
2Cases cited5 opinions
- Russo v. City of New YorkNew York Court of Appeals · 1932
- Pitrelli v. CohenAppellate Division of the Supreme Court of the State of New York · 1939
- Ballantine v. AhearnNew York Supreme Court · 1939
- Geibel v. ElwellNew York Supreme Court · 1895
- Brand v. Union Railway Co.New York Supreme Court · 1939
3Cited by6 opinions
- Higgins v. SchneiderNew Jersey Superior Court Appellate Division · 1960
- Walter v. City of FlintMichigan Court of Appeals · 1972
- Williams v. Board of EducationNew York Supreme Court · 1943
- Martello v. Board of EducationCivil Court of the City of New York · 1966
- Gundershein v. Bradley-Mahony Coal Corp.Appellate Division of the Supreme Court of the State of New York · 1945
1 more not listed; retrieve them via the Exa API.