Legal Opinion

Florence v. Krasucki

District Court, W.D. New York

Decided February 25, 1982No. CIV-79-821B(C)PublishedCited by 20 opinions

1Opinion of the Court

CURTIN, District Judge.

Currently before the court in this action are defendants’ motion to dismiss the complaint as time-barred and the plaintiffs’ motion to strike the defendants’ fifth affirmative defense. These motions are based upon defendants’ contention that the applicable statute of limitations for plaintiffs’ complaint is the one-year provision for intentional torts of New York C.P.L.R. § 215.

Many of the facts are not disputed, and I will briefly set them forth. Plaintiffs are migrant farm workers and the infant child of one of the workers. Defendants are plaintiffs’ employer, Freer…

2Cases cited44 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Carey v. PiphusSupreme Court of the United States · 1978
  3. Hanna v. PlumerSupreme Court of the United States · 1965
  4. Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
  5. Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945

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3Cited by20 opinions

  1. Ray v. Alexandria MallSupreme Court of Louisiana · 1983
  2. Giroir v. South Louisiana Medical Center, Division of HospitalsSupreme Court of Louisiana · 1985
  3. Datskow v. Teledyne, Inc.Court of Appeals for the Second Circuit · 1990
  4. Datskow v. TeledyneCourt of Appeals for the Second Circuit · 1990
  5. George Personis and Jean G. Personis v. Robert Oiler and Douglas K. Abel LeasingCourt of Appeals for the Second Circuit · 1989

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