Legal Opinion
Bratel v. Kutsher's Country Club
District Court, S.D. New York
Decided November 16, 1973No. 73 Civ. 330 CLBPublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
BRIEANT, District Judge.
Defendants Kutsher’s Country Club, Harshe-Rotman and Druck Inc., The R. T. French Co. and Charles Chadwick, have each moved for leave to amend *502their answers served in March and April, 1973, so as to plead the three year statute of limitations provided by § 214(5) of the New York CPLR, as an affirmative defense said to have been omitted inadvertently, and, based on such proposed amended pleading, for judgment pursuant to Rule 12(c), F.R.Civ.P.
This is a diversity personal injury action. The accident occurred on January 22, 1970. Accordingly, January…
2Cases cited4 opinions
- Hanna v. PlumerSupreme Court of the United States · 1965
- Ragan v. Merchants Transfer & Warehouse Co.Supreme Court of the United States · 1949
- Salvatore J. Sylvestri v. The Warner & Swasey Co., Inc., Salvatore J. Sylvestri v. Comad, Inc.Court of Appeals for the Second Circuit · 1968
- Wheeler v. Standard Tool & Manufacturing Co.District Court, S.D. New York · 1970
3Cited by8 opinions
- Datskow v. Teledyne, Inc.Court of Appeals for the Second Circuit · 1990
- Datskow v. TeledyneCourt of Appeals for the Second Circuit · 1990
- George Personis and Jean G. Personis v. Robert Oiler and Douglas K. Abel LeasingCourt of Appeals for the Second Circuit · 1989
- Zarcone v. CondieDistrict Court, S.D. New York · 1974
- Aro v. LichtigDistrict Court, E.D. New York · 1982
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