Giannavola v. General Railway Signal Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCrosby, J.
This is an appeal from an order dismissing the amended complaint pursuant to rule 107 of the Rules of Civil Practice, on the ground that the Statute of Limitations had run against the cause before this action was commenced.
The amended complaint alleges a cause of action in negligence and nothing more. Appellant seeks to have it held that he has also alleged a cause of action in nuisance and also one for breach of the Labor Law, as well as a cause in negligence.
As was said in McFarlane v. City of Niagara Falls (247 N. Y. 340, 344, 345): “ There has been forgetfulness at times that the forms of…
2Cases cited9 opinions
- McFarlane v. City of Niagara FallsNew York Court of Appeals · 1928
- Marino v. . LehmaierNew York Court of Appeals · 1903
- Koester v. . Rochester Candy WorksNew York Court of Appeals · 1909
- Marion v. B. G. Coon Construction Co.New York Court of Appeals · 1915
- Luce v. New York, Chicago & St. Louis RailroadAppellate Division of the Supreme Court of the State of New York · 1925
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3Cited by9 opinions
- Blessington v. McCrory Stores Corp.New York Supreme Court · 1950
- Conklin v. Palisades Interstate Park CommissionAppellate Division of the Supreme Court of the State of New York · 1951
- Schmidt v. Merchants Despatch Transportation Co.Appellate Division of the Supreme Court of the State of New York · 1935
- Finkel v. FinkelAppellate Division of the Supreme Court of the State of New York · 1959
- Woernley v. Electromatic Typewriters, Inc.Appellate Division of the Supreme Court of the State of New York · 1935
4 more not listed; retrieve them via the Exa API.