McAvoy v. Young Harron
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtHenry, J.
The trial court erred in dismissing plaintiff’s complaint on the ground that the action is barred by the six-year Statute of Limitations. Although the action was not commenced within six years after it accrued, the running of the statute was tolled by defendant’s absence from the State. (Civ. Prac. Act, § 19; CPLR 207.) He was a nonresident when the action accrued on May 24, 1946 and continued to be such until it was commenced on July 28, 1954. His absence from the State is implied from his residence without the State, and he had the burden of proving his presence in the State for a…
2Cases cited8 opinions
- In re SebringAppellate Division of the Supreme Court of the State of New York · 1933
- Mack v. MendelsNew York Court of Appeals · 1928
- Haimes v. SchonwitAppellate Division of the Supreme Court of the State of New York · 1945
- Phillips v. LindleyAppellate Division of the Supreme Court of the State of New York · 1906
- Helmer v. MinotNew York Supreme Court · 1894
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3Cited by12 opinions
- Newman v. SilverDistrict Court, S.D. New York · 1982
- Ogletree, Deakins, Nash, Smoak & Stewart v. Albany Steel, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Weller v. WellerCourt of Appeals of Arizona · 1971
- Williamson v. John D. Quinn Construction Corp.District Court, S.D. New York · 1982
- Spano v. ScottAppellate Division of the Supreme Court of the State of New York · 1990
7 more not listed; retrieve them via the Exa API.