Agresta v. Federal Steam Navigation Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Anna Agresta, as administratrix, etc., from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 25th day of May, 1909, granting defendant’s motion for judgment on the pleadings after the service of an answer, and also from the judgment entered thereon in said clerk’s office on the 9th day of June, 1909.
1Opinion of the Court
Carr, J.:
This is an appeal from an order of the Special Term, entered May 25, 1909, directing judgment for the defendant upon the *468pleadings. The appeal was taken in time, but not prosecuted diligently. This court, however, denied a motion, very recently, to dismiss the appeal (See 169 App. Div. 963; 170 id. —). The action was brought to recover damages resulting from the death of Agresta through the alleged negligence of the defendant. The complaint contained no allegation that the action had been begun within two years after the cause of action arose. The defendant, moved for judgment upon…
2Cases cited3 opinions
- Sharrow v. . Inland Lines, Ltd.New York Court of Appeals · 1915
- Arnold v. Village of North TarrytownAppellate Division of the Supreme Court of the State of New York · 1910
- Pernisi v. John Schmalz' SonsAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by3 opinions
- Ratka v. St. Francis HospitalNew York Court of Appeals · 1978
- O'Connell Electric Co. v. Village of MacedonNew York Supreme Court · 1949
- In re the Arbitration between Metropolitan Property & Liability Co. & PisanelliAppellate Division of the Supreme Court of the State of New York · 1991