Legal Opinion
Atwell v. Playland Rye Commission
New York Supreme Court
Decided December 16, 1975Published
1Opinion of the CourtLeonard Rubenfeld, J.
Plaintiff in this negligence action moves to dismiss the affirmative defense of the Statute of Limitations on the ground that the action was timely commenced.
The accident involved a bumper car ride collision at Rye *14Playland on July 14, 1974. Notice of claim was served upon the "Playland Rye Commission” on September 24, 1974. This action was commenced by service of a summons and complaint upon the "Playland Rye Commission” on June 11, 1975.
Plaintiffs allege that this action was timely commenced because it was commenced within 1 year and 90 days of the accident as required by section 50-i of…
2Cases cited4 opinions
- Hoff Research & Development Laboratories, Inc. v. Philippine National Bank and Philippine National Bank, New York AgencyCourt of Appeals for the Second Circuit · 1970
- Kratz v. DussaultAppellate Division of the Supreme Court of the State of New York · 1969
- Clark v. Bilt-Rite Land Corp.New York Supreme Court · 1975
- Oraczewski v. Westchester CountyNew York Supreme Court · 1961