Legal Opinion
Opiela v. May Industries Corp.
Appellate Division of the Supreme Court of the State of New York
Decided August 26, 2004PublishedCited by 9 opinions
1Opinion of the Court
*341Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered May 23, 2003, which granted defendants-respondents’ motions to dismiss the complaint, unanimously affirmed, without costs.
Plaintiff was injured when he was struck by a piece of metal that fell from a construction area at the Central Terminal Building at LaGuardia Airport. A condition for commencing an action against an unknown party (CPLR 1024) is that the plaintiff demonstrate he or she made a genuine effort to ascertain, in a timely manner, the identity of the defendants prior to expiration of the statute of limitations…
2Cases cited4 opinions
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- Tucker v. LorieoAppellate Division of the Supreme Court of the State of New York · 2002
- Scoma v. DoeAppellate Division of the Supreme Court of the State of New York · 2003
- ICD Group International Ltd. v. AchidovAppellate Division of the Supreme Court of the State of New York · 2001
3Cited by9 opinions
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- Hall v. S.H. Gopinatha RaoAppellate Division of the Supreme Court of the State of New York · 2006
- Baines v. Daily News L.P.New York Supreme Court · 2015
- Redmond v. Jamaica Hospital Medical CenterAppellate Division of the Supreme Court of the State of New York · 2006
- Irvine v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2024
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