Legal Opinion
Murphy v. Wegman's Food Markets, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided May 27, 1988PublishedCited by 19 opinions
1Opinion of the Court
Memorandum: Plaintiff allegedly suffered injuries when she fell in defendant’s store on June 16, 1983. The summons and complaint in the action were not served until September 2, 1986. Defendant’s motion to dismiss the complaint on the ground that the action was not timely commenced was denied by Special Term after a hearing on the issue. This denial was error.
Plaintiff concedes that the action was not commenced within three years of the date when the cause of action arose, but argues that defendant should be equitably estopped from interposing the affirmative defense of the Statute of…
2Cases cited4 opinions
- Procco v. KennedyAppellate Division of the Supreme Court of the State of New York · 1982
- Arbutina v. BahuleyanAppellate Division of the Supreme Court of the State of New York · 1980
- Procco v. KennedyNew York Court of Appeals · 1983
- Hoesen v. Pennsylvania Millers Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1982
3Cited by19 opinions
- Thea v. KleinhandlerCourt of Appeals for the Second Circuit · 2015
- Cranesville Block Co. v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 1991
- Kotlyarsky v. New York PostNew York Supreme Court · 2003
- Pfohl Brothers Landfill Site Steering Committee v. Allied Waste Sys., Inc.District Court, W.D. New York · 2003
- Kiernan v. Long Island Rail RoadAppellate Division of the Supreme Court of the State of New York · 1994
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