Niehaus v. Caryfield, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtGlennon, J.
It is claimed by the appellant that the court at Special Term erred in holding that the action set forth in the complaint sounds in nuisance and not in negligence. We believe that a proper determination was reached. It is conceded that, if the facts pleaded make out a cause of action in negligence only, the three-year Statute of Limitations would apply, and the cause would be barred. (Civ. Prac. Act, § 49.)
The question was presented by a motion made by the defendant Caryfield, Inc., for judgment on the pleadings “ dismissing the complaint * * * on the ground * * * that more than three years…
2Cases cited9 opinions
- McFarlane v. City of Niagara FallsNew York Court of Appeals · 1928
- Clifford v. . DamNew York Court of Appeals · 1880
- Trustees of the Village of Canandaigua v. FosterNew York Court of Appeals · 1898
- Congreve v. . SmithNew York Court of Appeals · 1858
- Heeg v. . LichtNew York Court of Appeals · 1880
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3Cited by7 opinions
- State Ex Rel. Shell Petroleum Corp. v. HostetterSupreme Court of Missouri · 1941
- Headley v. Hammond Building, Inc.Montana Supreme Court · 1934
- Buyers v. Buffalo Paint & Specialties, Inc.New York Supreme Court · 1950
- Carambas v. WennerAppellate Division of the Supreme Court of the State of New York · 1939
- Steinberg v. John Rosenblum, Inc.New York Supreme Court · 1954
2 more not listed; retrieve them via the Exa API.