Legal Opinion

Ryder v. Tannenbaum

Civil Court of the City of New York

Decided October 2, 1985PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

William Ritholtz, J.

The instant case presents the issue of whether the commencement of a small claims action should be deemed to relate back to the date the summons was taken out for purposes of determining the timeliness of the claim.

In this action, plaintiff sues to recover damages to his automobile allegedly caused by defendant’s negligence in a collision occurring on April 28, 1982. Subsequent to the occurrence, defendant’s insurance company communicated with plaintiff in an attempt to settle the dispute. The company’s claims adjustor examined plaintiff’s vehicle and…

2Cases cited9 opinions

  1. Flanagan v. Mount Eden General HospitalNew York Court of Appeals · 1969
  2. General Stencils, Inc. v. ChiappaNew York Court of Appeals · 1966
  3. Shaw v. ShawAppellate Division of the Supreme Court of the State of New York · 1983
  4. Proc v. Home InsuranceNew York Court of Appeals · 1966
  5. Procco v. KennedyAppellate Division of the Supreme Court of the State of New York · 1982

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3Cited by2 opinions

  1. Cohen v. BanksJustice Court of Village of South Nyack · 1994
  2. Martin v. AdlerNew York Supreme Court · 1987

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