Legal Opinion

Marable v. Robinson

Civil Court of the City of New York

Decided December 13, 1979PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Joseph Rosenzweig, J.

Plaintiff moves for a jury trial of factual questions that arose during a hearing to determine whether a defense of Statute of Limitations should be equitably estopped. The motion appears to raise questions of first impression in this jurisdiction.

This is an action in negligence to recover for personal injuries arising out of an accident in Maryland, in 1974, between a news truck and an automobile, driven by the *97defendant Robinson and owned by the defendant Gadsen, in which the plaintiff Marable was a passenger.

Marable alleges the following history:…

2Cases cited5 opinions

  1. Lowell Wiper Supply Co. v. Helen Shop, Inc.District Court, S.D. New York · 1964
  2. Herzog v. BrownAppellate Division of the Supreme Court of the State of New York · 1926
  3. Barker v. ConleyNew York Court of Appeals · 1935
  4. Herzog v. BrownNew York Court of Appeals · 1926
  5. Finkel v. FinkelAppellate Division of the Supreme Court of the State of New York · 1959

3Cited by1 opinion

  1. Cerrato v. Thurcon Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1983

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