Legal Opinion
Wilkerson v. 134 Kitty's Corp.
Appellate Division of the Supreme Court of the State of New York
Decided March 18, 2008PublishedCited by 4 opinions
1Opinion of the Court
*719The cause of action seeking to recover damages for assault is asserted against all the defendants. Since the underlying events occurred on September 28, 2002 and the action was not commenced by filing until July 5, 2005, the assault cause of action is untimely under the applicable one-year statute of limitations (see CPLR 215 [3]), and the Supreme Court should have granted that branch of the appellants’ motion which was for summary judgment dismissing that cause of action insofar as asserted against them.
However, as to the negligence cause of action including, inter alia, the issue of…
2Cases cited8 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Morris v. New York State Department of Taxation & FinanceNew York Court of Appeals · 1993
- O'Brien v. Vassar Bros. HospitalAppellate Division of the Supreme Court of the State of New York · 1995
- Giuffrida v. Citibank Corp.New York Court of Appeals · 2003
- Frankel v. StavskyAppellate Division of the Supreme Court of the State of New York · 2007
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Shkolnik v. KrutoyAppellate Division of the Supreme Court of the State of New York · 2009
- Schwartz v. Yellowbook, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
- Kallas v. CostelloAppellate Division of the Supreme Court of the State of New York · 2011
- Schwartz v. Yellowbook, Inc.Appellate Division of the Supreme Court of the State of New York · 2014