Bennett v. Metro-North Commuter Railroad
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Westchester County (Fredman, J.), entered August 18, 1995, which denied their motion to dismiss the complaint pursuant to CPLR 3211 (a) (5), on the ground that the action was barred by the applicable Statute of Limitations.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The mere fact that settlement negotiations have been ongoing between parties is insufficient to estop a party from asserting the Statute of…
2Cases cited9 opinions
- Procco v. KennedyAppellate Division of the Supreme Court of the State of New York · 1982
- Cranesville Block Co. v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 1991
- Murphy v. Wegman's Food Markets, Inc.Appellate Division of the Supreme Court of the State of New York · 1988
- Procco v. KennedyNew York Court of Appeals · 1983
- Kiernan v. Long Island Rail RoadAppellate Division of the Supreme Court of the State of New York · 1994
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3Cited by7 opinions
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- Spirig v. EvansAppellate Division of the Supreme Court of the State of New York · 2006
- Erlichman v. VenturaAppellate Division of the Supreme Court of the State of New York · 2000
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