Legal Opinion
Soto v. Freda
New York Supreme Court
Decided July 9, 2003PublishedCited by 4 opinions
1Opinion of the Court
*624OPINION OF THE COURT
Stanley L. Sklar, J.
The novel issue raised on these applications is whether a plaintiff has commenced an action when plaintiff’s counsel, on the last day within the statute of limitations, sends an elderly employee to court to file a summons and complaint, together with the necessary filing fee, but the filing is rejected by the county clerk because the employee’s poor vision prevented him from completing a form required by that office. I hold that the attempted filing under such extraordinary circumstances effectuated timely filing when the actual physical filing was…
2Cases cited11 opinions
- Gershel v. PorrNew York Court of Appeals · 1996
- Vetrone v. MackinAppellate Division of the Supreme Court of the State of New York · 1995
- Hochberg v. DavisAppellate Division of the Supreme Court of the State of New York · 1991
- Buonocore v. Village of South NyackAppellate Division of the Supreme Court of the State of New York · 1997
- Caldor, Inc. v. Board of AssessorsAppellate Division of the Supreme Court of the State of New York · 1988
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hakala v. J.P. Morgan Securities, Inc.District Court, S.D. New York · 2005
- People v. PenaAppellate Division of the Supreme Court of the State of New York · 2003
- Lynch v. BettsNew York Supreme Court · 2006
- In re the Estate of De MaioNew York Surrogate's Court · 2006