Legal Opinion
Santaniello v. De Francisco
New York Supreme Court
Decided June 4, 1973PublishedCited by 11 opinions
1Opinion of the CourtBertram Harnett, J.
By memorandum decision dated March 30, 1973, this court granted defendants’ motion for summary judgment on the grounds that the action was not commenced within the two-year Statute of Limitations period applicable to wrongful death claims. (See Santaniello v. De Francisco, 73 Misc 2d 934.) Now, plaintiff moves to reargue that motion, contending that (1) the court could not dismiss the action in reliance on a Statute of Limitations not formally pleaded by defendants; and (2) the two-year period was extended by statute beyond the time when the action was commenced.
Since neither of these…
2Cases cited15 opinions
- Curry v. MacKenzieNew York Court of Appeals · 1925
- Amex Asphalt Corporation v. City of New YorkNew York Court of Appeals · 1942
- Brehm v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1887
- Amex Asphalt Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1942
- Young v. City of SeattleWashington Supreme Court · 1948
10 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Serravillo v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1976
- Andersen v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1982
- Moreno v. City of El Paso, Texas Court of Appeals, 8th District (El Paso)2002
- Dawson v. LangnerAppellate Division of the Supreme Court of the State of New York · 1985
- Schultz v. Motor Vehicle Accident Indemnification Corp.New York Supreme Court · 1976
6 more not listed; retrieve them via the Exa API.