Legal Opinion
Kelly v. Solvay Union Free School District
Appellate Division of the Supreme Court of the State of New York
Decided January 24, 1986PublishedCited by 8 opinions
1Opinion of the Court
— Order, insofar as appealed from, unanimously reversed, on the law, without costs, and matter remitted to Supreme Court, Onondaga County, for further proceedings, in accordance with the following memorandum: In this action to recover damages for personal injuries defendants appeal from the denial of their motion to dismiss the complaint of plaintiff Tammi Kelly as barred by the Statute of Limitations (CPLR 3211 [a] [5]). In our view, Special Term should have conducted a hearing before finding that Tammi, who is mentally handicapped, was suffering from insanity under CPLR 208.
The term…
2Cases cited5 opinions
- McCarthy v. Volkswagen of America, Inc.New York Court of Appeals · 1982
- Barnes v. County of OnondagaAppellate Division of the Supreme Court of the State of New York · 1984
- Claim of Hurd v. County of AlleganyAppellate Division of the Supreme Court of the State of New York · 1972
- Wenthen v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 1983
- Dunn v. MagerAppellate Division of the Supreme Court of the State of New York · 1975
3Cited by8 opinions
- Anonymous v. AnonymousNew York Supreme Court · 1992
- Scifo v. TaibiAppellate Division of the Supreme Court of the State of New York · 2021
- Hooper v. MeloniAppellate Division of the Supreme Court of the State of New York · 1986
- Johnson v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
- Heckl v. WalshAppellate Division of the Supreme Court of the State of New York · 2015
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