Legal Opinion
Donovan v. Burkowski
Appellate Division of the Supreme Court of the State of New York
Decided February 20, 1976PublishedCited by 5 opinions
1Opinion of the Court
Judgment unanimously affirmed, without costs. Memorandum: Plaintiff appeals from a dismissal of her complaint in an action brought to recover moneys loaned to defendant. The trial court found that although loans to defendant had in fact been made, the debt was more than six years old and collection was barred by the Statute of Limitations. The facts are not in dispute, for the defendant failed to put in any proof. The trial court properly held that inasmuch as defendant did not avail himself of the opportunity to dispute plaintiff’s version of the transaction she is entitled to the benefit of…
2Cases cited12 opinions
- Hull v. . LittauerNew York Court of Appeals · 1900
- Crow v. . GleasonNew York Court of Appeals · 1894
- In re the Accounting of Rochester Trust & Safe Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1945
- Woodson v. New York City Housing AuthorityNew York Court of Appeals · 1961
- Trans America Development Corp. v. LeonAppellate Division of the Supreme Court of the State of New York · 1951
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3Cited by5 opinions
- Business Loan Center, Inc. v. WagnerAppellate Division of the Supreme Court of the State of New York · 2006
- Bavelis v. Doukas (In re Bavelis)United States Bankruptcy Court, S.D. Ohio · 2013
- New York State Higher Education Services Corp. v. MusonAppellate Division of the Supreme Court of the State of New York · 1986
- Randustrial Corp. v. Acme Distribution CenterAppellate Division of the Supreme Court of the State of New York · 1980
- Bavelis v. Doukas (In re Bavelis)United States Bankruptcy Court, S.D. Ohio · 2017