Legal Opinion

Kelly v. Rosenthal

Appellate Division of the Supreme Court of the State of New York

Decided September 23, 1991PublishedCited by 7 opinions

1Opinion of the Court

— In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Burke, J.), dated January 10, 1990, which, inter alia, denied his motion for leave to enter a default judgment against the defendants, upon their default in answering, and dismissed the action as time barred under the Statute of Limitations.

Ordered that the order is affirmed, with costs to the respondent Elmont Youth Outreach, Inc.

Upon the dismissal of a prior action and after the expiration of the applicable Statute of Limitations period, the plaintiff commenced…

2Cases cited5 opinions

  1. George v. Mt. Sinai HospitalNew York Court of Appeals · 1979
  2. Fleming v. Long Island RailroadNew York Court of Appeals · 1988
  3. Schuman v. Hertz Corp.New York Court of Appeals · 1966
  4. Villanova v. King Kullen SupermarketsAppellate Division of the Supreme Court of the State of New York · 1990
  5. Scharlack v. Richmond Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by7 opinions

  1. Alaimo v. Velco EnterprisesAppellate Division of the Supreme Court of the State of New York · 1996
  2. Williams v. Jian Chu YuAppellate Division of the Supreme Court of the State of New York · 1994
  3. Andrea v. Arnone, Hedin, Casker, Kennedy & Drake Architects & Landscape Architects, P.C.Appellate Division of the Supreme Court of the State of New York · 2003
  4. Ginsberg v. City of Long BeachAppellate Division of the Supreme Court of the State of New York · 1993
  5. Murray v. MorelliAppellate Division of the Supreme Court of the State of New York · 1994

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