Legal Opinion
Villanova v. King Kullen Supermarkets
Appellate Division of the Supreme Court of the State of New York
Decided July 12, 1990PublishedCited by 6 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Bruce McM. Wright, J.), entered on or about April 24, 1989, inter alia, granting defendants’ motions (CPLR 3211 [a] [5]) to dismiss the complaint due to the expiration of the three-year Statute of Limitations (CPLR 214), unanimously affirmed, without costs.
The sole issue presented on appeal is whether plaintiffs were entitled to the benefit of CPLR 205 (a) upon dismissal of their initial verified complaint for failure to proceed. CPLR 205 (a) provides that upon dismissal of an action other than by "voluntary discontinuance, a dismissal of the complaint…
2Cases cited4 opinions
- Schuman v. Hertz Corp.New York Court of Appeals · 1966
- Laffey v. City of New YorkNew York Court of Appeals · 1980
- Wright v. L. C. Defelice & Son, Inc.New York Court of Appeals · 1966
- Laffey v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1979
3Cited by6 opinions
- Doyle v. American Home Products Corp.Court of Appeals for the Second Circuit · 2009
- Kelly v. RosenthalAppellate Division of the Supreme Court of the State of New York · 1991
- Alharezi v. SharmaAppellate Division of the Supreme Court of the State of New York · 2003
- Hodges v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005
- Macaluso v. StatfeldAppellate Division of the Supreme Court of the State of New York · 2002
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