Legal Opinion
Kleinman v. Lack
Appellate Division of the Supreme Court of the State of New York
Decided October 6, 1958PublishedCited by 7 opinions
1Opinion of the Court
In an action to recover damages for malpractice, the appeal is from an order denying a motion for summary judgment dismissing the complaint on the ground that the action is barred by the applicable Statute of Limitations. Order reversed, with $10 costs and disbursements, and motion granted. Alleged fraud in concealing the injury does not preclude pleading the Statute of Limitations as a defense. (Ranalli v. Breed, 251 App. Div. 750, affd. 277 N. Y. 630; Conklin v. Draper, 229 App. Div. 227, affd. 254 N. Y. 620; Tullock v. Haselo, 218 App. Div. 313.) It is conceded that the action was not…
2Cases cited5 opinions
- Conklin v. DraperAppellate Division of the Supreme Court of the State of New York · 1930
- Conklin v. DraperNew York Court of Appeals · 1930
- Tulloch v. HaseloAppellate Division of the Supreme Court of the State of New York · 1926
- Ranalli v. BreedNew York Court of Appeals · 1938
- Ranalli v. BreedAppellate Division of the Supreme Court of the State of New York · 1937
3Cited by7 opinions
- Holdridge v. Heyer-Schulte Corp. of Santa BarbaraDistrict Court, N.D. New York · 1977
- Tell v. TaylorCalifornia Court of Appeal · 1961
- Naetzker v. Brocton Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1975
- Goldberg v. BosworthNew York Supreme Court · 1961
- Baum v. TurelDistrict Court, S.D. New York · 1962
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