Legal Opinion
Wikiert v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided April 8, 2015No. 2013-07088PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Leventhal, J.
On this appeal, we are asked to determine the statute of limitations applicable to the plaintiff’s claim that the City of New York breached an implied bailment arising from the confiscation of the plaintiff’s personal property following the plaintiff’s arrest. The plaintiff contends that his claim is subject to the six-year statute of limitations applicable to contract claims, while the City contends that it is subject to the one-year-and-90-day statute of limitations applicable to negligence claims against municipalities. For the reasons discussed below, we…
2Cases cited17 opinions
- Miller v. . SchlossNew York Court of Appeals · 1916
- Sears, Roebuck & Co. v. Enco Associates, Inc.New York Court of Appeals · 1977
- In re the Arbitration between Paver & Wildfoerster & Catholic High School Ass'nNew York Court of Appeals · 1976
- Baratta v. KozlowskiAppellate Division of the Supreme Court of the State of New York · 1983
- Foulke v. New York Consolidated RailroadNew York Court of Appeals · 1920
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3Cited by4 opinions
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- Commerce One Realty, Inc. v. 780 Humboldt, LLCAppellate Division of the Supreme Court of the State of New York · 2023
- Fernandes v. FernandesAppellate Division of the Supreme Court of the State of New York · 2025