Legal Opinion

Schiavone v. City of New York

New York Court of Appeals

Decided October 20, 1998PublishedCited by 27 opinions

1Opinion of the Court

OPINION OF THE COURT

Wesley, J.

This case requires us to examine the scope of the revival provision of General Municipal Law § 205-e as applied to an action, involving an automobile accident occurring prior to the 1992 amendment to the statute. The lawsuit was not commenced until October 1994. We hold that both the plain language, of the statute and its legislative purpose to provide a broad revival remedy support the plaintiffs position that his action is timely.

I

Officer James Schiavone was injured in an automobile accident on December 7, 1991 while on police patrol in the Bronx. Schiavone was…

2Cases cited13 opinions

  1. Santangelo v. State of NYNew York Court of Appeals · 1988
  2. Desmond v. City of New YorkNew York Court of Appeals · 1996
  3. Ruotolo v. State of New YorkNew York Court of Appeals · 1994
  4. O'Connor v. O'GradyAppellate Division of the Supreme Court of the State of New York · 1988
  5. Sciarrotta v. ValenzuelaAppellate Division of the Supreme Court of the State of New York · 1992

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3Cited by27 opinions

  1. Saratoga County Chamber of Commerce, Inc. v. PatakiNew York Court of Appeals · 2003
  2. Walton v. New York State Department of Correctional ServicesNew York Court of Appeals · 2007
  3. Gonzalez v. IocovelloNew York Court of Appeals · 1999
  4. The Matter of Jorge L. Linares v. Andrea W. EvansNew York Court of Appeals · 2015
  5. Allison Gammons v. City of New YorkNew York Court of Appeals · 2014

22 more not listed; retrieve them via the Exa API.

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