Legal Opinion
Hover v. Claveraok Grange No. 934
New York Supreme Court
Decided February 6, 1965PublishedCited by 7 opinions
1Opinion of the CourtLawrence H. Cooke, J.
In this personal injury action based on negligence and arising out of an incident which took place on August 25, 1957, defendant moves for .summary judgment on the ground “ that the action was not commenced within the time prescribed by Statute.” The supporting affidavit submitted by defendant also indicates that said moving party also relies on res judicata or collateral estoppel.
It appears that this action was commenced on September 10, 1964, obviously beyond the statutory period (CPLR 214, subd. 5; cf. Civ. Prac. Act, § 49, subd. 6). The answer contains an affirmative defense setting up…
2Cases cited15 opinions
- Metropolitan Life Ins. Co. v. . Childs Co.New York Court of Appeals · 1921
- Lynn v. LynnNew York Court of Appeals · 1951
- Continental National Bank v. National Bank of the CommonwealthNew York Court of Appeals · 1872
- Bergeron v. MansourCourt of Appeals for the First Circuit · 1945
- Trustees of the Freeholders & Commonalty v. SmithNew York Court of Appeals · 1890
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3Cited by7 opinions
- Baratta v. KozlowskiAppellate Division of the Supreme Court of the State of New York · 1983
- Dupuis v. Van NattenAppellate Division of the Supreme Court of the State of New York · 1978
- Leigh v. McGuireDistrict Court, S.D. New York · 1981
- Bonde v. General Security Insurance Co. of CanadaNew York Supreme Court · 1967
- Huggins v. Associated Hospital ServiceNew York Supreme Court · 1967
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