Terry v. Long Island Railroad
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Suffolk County (Oshrin, J.), entered August 30, 1993, which, after a hearing, denied their motion to dismiss the complaint pursuant to CPLR 3211 (a) (5), on the ground that the action was barred by the applicable Statute of Limitations.
Ordered that the order is reversed, on the law, with costs, and the complaint is dismissed.
It is well established that an agreement to extend the Statute of Limitations must be in writing or made in open court in order to bind the parties thereto…
2Cases cited10 opinions
- Procco v. KennedyAppellate Division of the Supreme Court of the State of New York · 1982
- Arbutina v. BahuleyanAppellate Division of the Supreme Court of the State of New York · 1980
- Murphy v. Wegman's Food Markets, Inc.Appellate Division of the Supreme Court of the State of New York · 1988
- Procco v. KennedyNew York Court of Appeals · 1983
- Shanahan v. ShanahanAppellate Division of the Supreme Court of the State of New York · 1983
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3Cited by7 opinions
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- Erlichman v. VenturaAppellate Division of the Supreme Court of the State of New York · 2000
- Erlichman v. VenturaAppellate Division of the Supreme Court of the State of New York · 2000
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