Atlas Assurance Co. v. Barry Tire & Service Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Defendant appeals from an order of the Chemung County Court which denied a motion to dismiss the complaint on the ground that it appears from the face of the complaint that the action is barred by the three-year (negligence) Statute of Limitations (Civ. Prae. Act, § 49, subd. 6). Plaintiff sues for damages resulting from its automobile being stolen from defendant’s parking lot where it had been stored for a fee. The first cause of action in the complaint alleges the contract of bailment and the negligence of defendant resulting in the theft. The second cause of action alleges the contract of…
2Cases cited7 opinions
- Blessington v. McCrory Stores Corp.New York Court of Appeals · 1953
- Loehr v. East Side Omnibus Corp.Appellate Division of the Supreme Court of the State of New York · 1940
- Loehr v. East Side Omnibus CorporationNew York Court of Appeals · 1941
- Hermes v. Westchester Racing Ass'nAppellate Division of the Supreme Court of the State of New York · 1925
- O'NEILL v. GrayCourt of Appeals for the Second Circuit · 1929
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Graboi v. KibelDistrict Court, S.D. New York · 1977
- Union Bank of Switzerland v. HS Equities, Inc.District Court, S.D. New York · 1976
- Motors Insurance v. American Garages, Inc.Civil Court of the City of New York · 1978
- Gross v. 420 East 72nd Street Tenants Corp.New York Supreme Court · 2008
- Caruana v. Belgian Line, Inc.District Court, S.D. New York · 1962
1 more not listed; retrieve them via the Exa API.