Legal Opinion
Lorberblatt v. Gerst
New York Court of Appeals
Decided July 7, 1961PublishedCited by 6 opinions
1Opinion of the CourtVan Voorhis, J.
The decision of this appeal hinges on whether the three- or six-year Statute of Limitations applies to the causes of action alleged in the amended complaint. Plaintiff asserts that his cause of action was created by statute, and that consequently the six-year limitation applies (Civ. Prac. Act, § 48, suhd. 2), or that, if the cause of action sounds in tort, the theory of action is nuisance, to which likewise the six-year statute applies (§ 48, subd. 3) unless the action be for negligence in neglecting to remove a nuisance. In the latter instance the three-year statute is a bar (Civ. Prac.…
2Cases cited9 opinions
- Schmidt v. Merchants Despatch Transportation Co.New York Court of Appeals · 1936
- Koenig v. Patrick Construction Corp.New York Court of Appeals · 1948
- McFarlane v. City of Niagara FallsNew York Court of Appeals · 1928
- Willy v. . MulledyNew York Court of Appeals · 1879
- Altz v. . LeibersonNew York Court of Appeals · 1922
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3Cited by6 opinions
- State of NY v. Cortelle Corp.New York Court of Appeals · 1975
- European American Bank v. CainAppellate Division of the Supreme Court of the State of New York · 1981
- City of New York v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1985
- Abraham v. New York Telephone Co.Civil Court of the City of New York · 1976
- Davis v. StateNew York Court of Claims · 1975
1 more not listed; retrieve them via the Exa API.