Legal Opinion
Reliance Insurance v. PolyVision Corp.
New York Court of Appeals
Decided October 11, 2007PublishedCited by 24 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Kaye.
In this protracted dispute between a construction surety and the suppliers of allegedly deficient materials, the United States Court of Appeals for the Second Circuit asks us to determine whether CPLR 205 (a)—which, in appropriate instances, adds a six-month grace period to the statute of limitations—permits a corporation to refile an action originally commenced in the name of a different, related corporate entity and subsequently dismissed for naming the wrong plaintiff. We conclude that it does not.
Background
In 1987, the Lindenhurst School Board…
2Cases cited4 opinions
- Gaines v. . City of New YorkNew York Court of Appeals · 1915
- George v. Mt. Sinai HospitalNew York Court of Appeals · 1979
- Streeter v. Graham & Norton Co.New York Court of Appeals · 1933
- Reliance Insurance v. Polyvision Corp.District Court, E.D. New York · 2005
3Cited by24 opinions
- Wells Fargo Bank, N.A. v. EitaniAppellate Division of the Supreme Court of the State of New York · 2017
- Malay v. City of SyracuseNew York Court of Appeals · 2015
- People v. GrassoAppellate Division of the Supreme Court of the State of New York · 2008
- U.S. Bank National Ass'n v. DLJ Mortgage Capital, Inc.Appellate Division of the Supreme Court of the State of New York · 2016
- Doyle v. American Home Products Corp.Court of Appeals for the Second Circuit · 2009
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