Legal Opinion

Dean v. Van Scoter

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

Decided December 16, 1983PublishedCited by 3 opinions

1Opinion of the Court

Order unanimously modified, and, as modified, affirmed, with costs to defendants, in accordance with the following memorandum: Plaintiff seeks in his first cause of action a declaratory judgment that the issuance of 40 shares of stock to the defendant was null and void. Such an action must be commenced within six years from the date the stock was issued (CPLR 213, subd 1; see Solnick v Whalen, 49 NY2d 224, 229-230). Plaintiff’s first cause of action accrued in January, 1971 but was not commenced until December, 1980. Accordingly, Special Term should have granted defendant’s cross motion for…

2Cases cited1 opinion

  1. Solnick v. WhalenNew York Court of Appeals · 1980

3Cited by3 opinions

  1. Marshall v. DuryeaAppellate Division of the Supreme Court of the State of New York · 1991
  2. Atlas Henrietta, LLC v. Town of Henrietta Zoning Board of AppealsNew York Supreme Court · 2013
  3. Frank Brunckhorst III, individually and in his capacity as trustee of The Frank Brunckhorst III 2001 Trust v. Eric Bischoff et al.District Court, S.D. New York · 2025

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API