Legal Opinion
Berlin v. Goldberg
Civil Court of the City of New York
Decided January 26, 1966PublishedCited by 9 opinions
1Opinion of the CourtMillard L. Midonick, J.
That part of plaintiffs’ motion to amend the caption of the action substituting Shirley Berlin as executrix of the estate of Abraham Ash in place of Abraham Ash is granted without opposition.
In respect to that part of the motion to amend the complaint to add a fifth cause of action for wrongful death of Abraham Ash, a novel problem is squarely presented: whether the Statute of Limitations can be satisfied by relating back a wrongful death cause of action amendment now proposed to be made to the time when the original pleading for damages for personal injury to the decedent was made.
The…
2Cases cited7 opinions
- Johnson v. United StatesCourt of Appeals for the First Circuit · 1908
- Harriss v. TamsNew York Court of Appeals · 1932
- Ora Greene Hudson, Administratrix of the Estate of Garland Hudson, Deceased v. David Lazarus, Samuel Juster and Calvin JusterCourt of Appeals for the D.C. Circuit · 1954
- Baltimore & Ohio Southwestern Railroad v. CarrollSupreme Court of the United States · 1930
- Greco v. S. S. Kresge Co.New York Court of Appeals · 1938
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Town Board of Fallsburgh v. National Surety Corp.New York Supreme Court · 1967
- Andrews v. DonabellaNew York Supreme Court · 1969
- Rivera v. St. Luke's HospitalNew York Supreme Court · 1980
- Werner Spitz Construction Co. v. Vanderlinde Electric Corp., New York County Courts1970
- Roberson v. First National City BankNew York Supreme Court · 1970
4 more not listed; retrieve them via the Exa API.