Mossip v. F. H. Clement & Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtLewis, J.
When a decedent’s death is caused by the negligent act of another and occurs during the infancy of his next of kin, is the period of such infancy a part of the two years within which an action, under section 130 of the Decedent Estate Law, must be commenced on behalf of such infants?
This question arises upon an appeal from a judgment entered upon an order dismissing the complaint herein, under rule 107 of the Rules of Civil Practice, upon the ground that the alleged cause of action was not commenced within two years after the decedent’s death.
*470It appears from the complaint that the decedent…
2Cases cited8 opinions
- F. A. Straus & Co. v. Canadian Pacific Railway Co.New York Court of Appeals · 1930
- Sharrow v. . Inland Lines, Ltd.New York Court of Appeals · 1915
- Travelers Insurance v. Louis Padula Co.New York Court of Appeals · 1918
- Titus v. . PooleNew York Court of Appeals · 1895
- In Re the Accounting of MengNew York Court of Appeals · 1919
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3Cited by25 opinions
- Ratka v. St. Francis HospitalNew York Court of Appeals · 1978
- Hernandez v. New York City Health and Hospitals Corp.New York Court of Appeals · 1991
- Stutz v. Guardian Cab Corp.Appellate Division of the Supreme Court of the State of New York · 1947
- Edwards v. SullivanNew York Supreme Court · 1949
- Bonilla v. AbbottAppellate Division of the Supreme Court of the State of New York · 1985
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