Legal Opinion

Steiner v. Wenning

Appellate Division of the Supreme Court of the State of New York

Decided July 12, 1976PublishedCited by 4 opinions

1Opinion of the CourtHawkins, J.

This appeal is from a judgment in favor of the defendant upon the trial court’s denial of plaintiffs motion, upon oral argument, after a jury had been selected, to amend the complaint so as to plead a cause of action for breach of contract and to strike the defendant’s affirmative defense that the action is time-barred by the three-year Statute of Limitations (CPLR 214) and upon granting the defendant’s cross motion to dismiss the action as time-barred.

On December 9, 1963 the parties entered into a written agreement whereby the plaintiff engaged the defendant, an architect,vto prepare plans…

2Cases cited18 opinions

  1. Brick v. Cohn-Hall-Marx Co.New York Court of Appeals · 1937
  2. In re the Arbitration between Paver & Wildfoerster & Catholic High School Ass'nNew York Court of Appeals · 1976
  3. Blessington v. McCrory Stores Corp.New York Court of Appeals · 1953
  4. Robins v. FinestoneNew York Court of Appeals · 1955
  5. Webber v. Herkimer & Mohawk Street RailroadNew York Court of Appeals · 1888

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3Cited by4 opinions

  1. Graboi v. KibelDistrict Court, S.D. New York · 1977
  2. Queensbury Union Free School District v. Jim Walter Corp.New York Supreme Court · 1977
  3. Piracci Construction Co. v. Skidmore, Owings & MerrillDistrict Court, S.D. New York · 1980
  4. Catapano v. Winthrop University HospitalAppellate Division of the Supreme Court of the State of New York · 2005

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