Legal Opinion
Marinelli v. Sroka
New York Supreme Court
Decided June 13, 2005PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
John M. Galasso, J.
The motion before the court is one for an order striking plaintiff’s complaint pursuant to CPLR 3211 (a) (5) on the grounds that this action is barred by the statute of limitations. It involves a legal malpractice case which was previously dismissed upon a motion under CPLR 3012 (b) for failure to serve a duly demanded complaint. In order to bring the instant action plaintiff relies on the remedial tolling provisions of CPLR 205 (a).
CPLR 205 (a) states in pertinent part:
“If an action is timely commenced and is terminated in any other manner than by a…
2Cases cited14 opinions
- Leader v. Maroney, Ponzini & SpencerNew York Court of Appeals · 2001
- Barasch v. MicucciNew York Court of Appeals · 1980
- Gaines v. . City of New YorkNew York Court of Appeals · 1915
- George v. Mt. Sinai HospitalNew York Court of Appeals · 1979
- A & J Concrete Corp. v. ArkerNew York Court of Appeals · 1981
9 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Moyle v. United Parcel Service, Inc.District Court, E.D. New York · 2025