Legal Opinion

Kim v. Cruz

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

Decided April 10, 2012PublishedCited by 3 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the defendants Alvin Cruz and Mercedes Benz USA appeal from an order of the Supreme Court, Queens County (Fineda-Kirwan, J.), entered January 14, 2011, which denied their motion pursuant to CFLR 3211 (a) (5) to dismiss the complaint as time-barred.

*821Ordered that the order is affirmed, with costs.

The plaintiff allegedly was injured on October 20, 2007, when she was struck, in an intersection, by a car driven by the defendant Alvin Cruz and owned by the defendant Mercedes Benz USA (hereinafter together the appellants). The plaintiff initially…

2Cases cited5 opinions

  1. United States Fidelity & Guaranty Co. v. E. W. Smith Co.New York Court of Appeals · 1979
  2. Franchise Acquisitions Group Corp. v. Jefferson Valley Mall Ltd. PartnershipAppellate Division of the Supreme Court of the State of New York · 2010
  3. Sullivan v. NimmagaddaAppellate Division of the Supreme Court of the State of New York · 2009
  4. Billman v. Port Jervis School DistrictAppellate Division of the Supreme Court of the State of New York · 2011
  5. Boyea v. FioreAppellate Division of the Supreme Court of the State of New York · 1991

3Cited by3 opinions

  1. Deutsche Bank Natl. Trust Co. v. BaqueroAppellate Division of the Supreme Court of the State of New York · 2021
  2. Bonilla v. Tutor Perini Corp.Appellate Division of the Supreme Court of the State of New York · 2015
  3. Bachir v. Lloyds of LondonAppellate Division of the Supreme Court of the State of New York · 2018

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