Legal Opinion
Klein v. Parke-Bernet Galleries, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided June 18, 1964PublishedCited by 4 opinions
1Opinion of the Court
Order, entered on June 18, 1963, granting plaintiff’s motion to strike the defense of the three-year Statute of Limitations as to the first cause of action, denying the motion insofar as the second, third, and fourth causes of action are concerned, and denying defendant’s cross motion for summary judgment, unanimously affirmed, without costs to either party. As a general rule limitations are incidental to -the remedy pursued, and the fact that a plaintiff may avail himself of a remedy with a shorter statute does not bar his pursuit of a remedy to which a longer statute is appropriate (1 Wood,…
2Cases cited4 opinions
- Buyers v. Buffalo Paint & Specialties, Inc.New York Supreme Court · 1950
- Great American Indemnity Co. v. Lapp Insulator Co.Appellate Division of the Supreme Court of the State of New York · 1953
- Federal Insurance v. United Port Service Co.New York Supreme Court · 1960
- Great American Indemnity Co. v. Lapp Insulator Co.New York Court of Appeals · 1954
3Cited by4 opinions
- Naetzker v. Brocton Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1975
- Edwards v. StateNew York Court of Claims · 1978
- Robinson v. KamensDistrict Court, S.D. New York · 1987
- Rodriguez v. Central Parking System of New York, Inc.Civil Court of the City of New York · 2005