Legal Opinion
Clark v. Title Guarantee & Trust Co.
Appellate Division of the Supreme Court of the State of New York
Decided March 15, 1940PublishedCited by 3 opinions
1Opinion of the CourtUntermyer, J.
The question to be determined on this appeal relates to the effect of the Statute of Limitations on the third cause of action which, for the first time, was asserted in the second amended complaint. It does not seem to be disputed by the plaintiff that it is within the statute (Follender v. Title Guarantee & Trust Co., 258 App. Div. 724) if it constitutes a cause of action which was not previously asserted, but the plaintiff contends that it is merely an amplification of the first cause of action which was contained in the original complaint against which the statute has not run. The second…
2Cases cited5 opinions
- United States v. Memphis Cotton Oil Co.Supreme Court of the United States · 1933
- Harriss v. TamsNew York Court of Appeals · 1932
- Walrath v. . Hanover Fire Ins. Co.New York Court of Appeals · 1915
- Scheu v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Follender v. Title Guarantee & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1939
3Cited by3 opinions
- Nola Electric Co. v. ReillyDistrict Court, S.D. New York · 1949
- Strassburger v. Irving Trust Co.Appellate Division of the Supreme Court of the State of New York · 1941
- Sigma Corp. v. City of Mount VernonAppellate Division of the Supreme Court of the State of New York · 1943