Elkin v. Cassarino
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Florio, J.
On this appeal we consider for the first time the issue of whether the one-year Statute of Limitations under CPLR 215 for intentional torts can be tolled by CPLR 213-b under the circumstances presented here. Because we conclude that it can, we find that the instant proceeding was timely commenced. Furthermore, upon examining the record, we also conclude that the plaintiffs motion for summary judgment on the issue of liability was properly granted.
On October 10, 1991, the plaintiff Michelle Elkin was attacked and robbed by accomplices of the defendant, Rocco…
2Cases cited8 opinions
- D'Arata v. New York Central Mutual Fire InsuranceNew York Court of Appeals · 1990
- In re Jamie D.New York Court of Appeals · 1983
- Aramony v. United Way of AmericaDistrict Court, S.D. New York · 1997
- McDonald v. McDonaldAppellate Division of the Supreme Court of the State of New York · 1993
- People v. HodgesAppellate Division of the Supreme Court of the State of New York · 1998
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3Cited by12 opinions
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- Dynamic Chemicals, Inc. v. Ackerman Mechanical Services, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Kashef v. BNP Paribas SADistrict Court, S.D. Illinois · 2018
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