Legal Opinion

H.P.S. Capitol, Inc. v. Mobil Oil Corp.

Appellate Division of the Supreme Court of the State of New York

Decided September 29, 1992PublishedCited by 5 opinions

1Opinion of the Court

Order, Supreme Court, New York County (David Saxe, J.), entered September 20, 1991, which granted the motion by defendant Mobil Oil Corporation pursuant to CPLR 3211 (a) (5) and 201 to dismiss the complaint and which denied the plaintiff’s cross-motion for summary judgment pursuant to CPLR 3212, unanimously affirmed, without costs.

The IAS Court, in denying plaintiff summary judgment as to liability on the first cause of action, did not err in determining that the underlying action was barred by the shortened 12 month limitation period mutually agreed upon by the parties in their Retail Dealer…

2Cases cited4 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. John J. Kassner & Co. v. City of New YorkNew York Court of Appeals · 1979
  3. Sapinkopf v. Cunard Steamship Co.New York Court of Appeals · 1930
  4. Carat Diamond Corp. v. Underwriters at Lloyd's, LondonAppellate Division of the Supreme Court of the State of New York · 1986

3Cited by5 opinions

  1. Connie K. HAN, Plaintiff-Appellant, v. MOBIL OIL CORPORATION, a New York Corporation, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1995
  2. Allman v. UMG RecordingsDistrict Court, S.D. New York · 2008
  3. Suss v. New York Media, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
  4. Protter v. Nathan's Famous Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
  5. Pizzeria Uno of Kingston, Inc. v. Independence Mall GroupMassachusetts Superior Court · 1995

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