Legal Opinion
D'Amico v. D. W. Winkelman Co.
New York Supreme Court
Decided June 22, 1966PublishedCited by 5 opinions
1Opinion of the CourtBiohabd J. Cabdamone, J.
This motion is made by the defendant to dismiss the plaintiffs’ complaint pursuant to CPLB 3211 on the ground that the causes of action alleged in the plaintiffs’ complaint are barred by the Statute of Limitations.
The defendant, D. W. Winkelman Company, Inc. (hereinafter called Winkelman) was awarded a contract by the State of New York for the construction of a portion of State Fair Boulevard in Syracuse, New York. In its construction activities between May, 1958 and June, 1959, the plaintiffs allege that Winkelman used a hammer and ball operation for the purpose of breaking up pre-existing…
2Cases cited4 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Schmidt v. Merchants Despatch Transportation Co.New York Court of Appeals · 1936
- Blessington v. McCrory Stores Corp.New York Court of Appeals · 1953
- Coley v. CohenNew York Court of Appeals · 1942
3Cited by5 opinions
- European American Bank v. CainAppellate Division of the Supreme Court of the State of New York · 1981
- Edwards v. StateNew York Court of Claims · 1978
- Werner Spitz Construction Co. v. Vanderlinde Electric Corp., New York County Courts1970
- Bort v. SearsSyracuse City Court · 1969
- Bloomfield Building Wreckers v. City of TroyNew York Court of Appeals · 1977