Legal Opinion

Anselmo v. Copertino

New York Supreme Court

Decided January 29, 1987PublishedCited by 3 opinions

1Opinion of the Court

*957OPINION OF THE COURT

Harry R Brown, J.

This is an application by defendants for an order pursuant to CPLR 3211 (a) (5) dismissing the complaint herein as barred by the applicable Statute of Limitations. However, in view of the fact that issue has already been joined, defendants’ motion is more properly a motion for summary judgment dismissing the complaint and the court, in its discretion, will treat it as such (CPLR 3211 [c]).

This action was commenced by plaintiff seeking recovery for personal injuries allegedly sustained on May 17, 1983 when a motor vehicle operated by plaintiff came in…

2Cases cited4 opinions

  1. Zeitler v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1969
  2. Plumitallo v. 1407 Broadway Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1952
  3. La Bay v. White Plains HospitalAppellate Division of the Supreme Court of the State of New York · 1983
  4. Flynn v. New York HospitalNew York Supreme Court · 1962

3Cited by3 opinions

  1. JP Morgan Chase, National Ass'n v. McDonaldNew York Supreme Court · 2014
  2. Szarka v. ParatoreAppellate Division of the Supreme Court of the State of New York · 2020
  3. U.S. Bank, N.A. v. KessAppellate Division of the Supreme Court of the State of New York · 2018

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