Legal Opinion
Edward J. Diffley, and Ann M. Diffley v. Allied-Signal, Inc.
Court of Appeals for the Second Circuit
Decided December 7, 1990No. 1430, Docket 90-7559PublishedCited by 48 opinions
1Opinion of the Court
PRATT, Circuit Judge.
Edward and Ann Diffley appeal from a judgment of the United States District Court for the Northern District of New York, Con. G. Cholakis, Judge, dismissing their complaint as time-barred. The district court held that § 205(a) of the New York Civil Practice Law and Rules could not be applied to extend the time for refiling their asbestos personal injury action where subject matter jurisdiction was lacking in the original suit. We disagree.
BACKGROUND
Edward Diffley worked from 1957 to 1964 as a brake grinder; he reconditioned automobile brake and clutch shoes. In 1982, he…
2Cases cited7 opinions
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Walker v. Armco Steel Corp.Supreme Court of the United States · 1980
- Gaines v. . City of New YorkNew York Court of Appeals · 1915
- George Personis and Jean G. Personis v. Robert Oiler and Douglas K. Abel LeasingCourt of Appeals for the Second Circuit · 1989
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3Cited by48 opinions
- Iacobelli Construction, Inc. v. County of Monroe, Rochester Pure Waters District, and Calocerinos & Spina Consulting Engineers, P.C.Court of Appeals for the Second Circuit · 1994
- Commerzbank AG v. U.S. Bank, N.A.Court of Appeals for the Second Circuit · 2024
- Neufeld v. NeufeldDistrict Court, S.D. New York · 1996
- Vincent v. Money StoreDistrict Court, S.D. New York · 2013
- Kulinski v. Medtronic Bio-Medicus, Inc.Supreme Court of Minnesota · 1998
43 more not listed; retrieve them via the Exa API.