Legal Opinion
Overall v. Klotz
District Court, S.D. New York
Decided March 17, 1994No. 92 Civ. 2142 (JES)PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
SPRIZZO, District Judge.
This is a diversity action for assault and battery, false imprisonment and intentional infliction of emotional distress based on conduct that plaintiff alleges occurred during the period 1947 through 1949. Defendant has moved for summary judgment dismissing plaintiffs complaint because plaintiff failed to commence this action before the expiration of the statute of limitations. For the reasons that follow, defendant’s motion is granted.
BACKGROUND
The facts, denied by the defendant, but assumed to be true for purposes of this motion, are as…
2Cases cited22 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Cullen v. MargiottaCourt of Appeals for the Second Circuit · 1987
- Sun Oil Co. v. WortmanSupreme Court of the United States · 1988
- McCarthy v. Volkswagen of America, Inc.New York Court of Appeals · 1982
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3Cited by4 opinions
- Holmes v. LorchDistrict Court, S.D. New York · 2004
- Nuccio v. NuccioCourt of Appeals for the First Circuit · 1995
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