Legal Opinion

Halucha v. Jockey Club

New York Supreme Court

Decided September 15, 1961PublishedCited by 7 opinions

1Opinion of the CourtCharles A. Loreto, J.

Motion to dismiss the second cause of action of the complaint on the ground that the cause did not accrue within the time limited by law for the commencement of an action for wrongful death (Bules Civ. Prac., rule 107, subd. 5).

The complaint sets forth two causes of action for damages resulting from an accident in which plaintiff’s testator met with death when struck down by an automobile on October 20, 1958. The first cause is for damages for pain and suffering-caused to plaintiff’s intestate prior to his death (Decedent Estate Law, §§ 119, 120). The second cause is for damages sought to be…

2Cases cited9 opinions

  1. Schmidt v. Merchants Despatch Transportation Co.New York Court of Appeals · 1936
  2. Cimo v. State of New YorkNew York Court of Appeals · 1953
  3. Leonard v. . PierceNew York Court of Appeals · 1905
  4. Mack v. MendelsNew York Court of Appeals · 1928
  5. Arnold v. Mayal Realty Co.New York Court of Appeals · 1949

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3Cited by7 opinions

  1. Connell v. HaydenAppellate Division of the Supreme Court of the State of New York · 1981
  2. Parker v. Port AuthorityAppellate Division of the Supreme Court of the State of New York · 1985
  3. Trane Co. v. N. Robinson Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 1978
  4. Gross v. Newburger, Loeb & Co.New York Supreme Court · 1980
  5. Miller v. FarinaAppellate Division of the Supreme Court of the State of New York · 1977

2 more not listed; retrieve them via the Exa API.

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