Legal Opinion
Rieser v. Baltimore & OR Co.
District Court, S.D. New York
Decided June 30, 1954PublishedCited by 11 opinions
1Opinion of the Court
MURPHY, District Judge.
This is a motion made by defendant, The Baltimore and Ohio Railroad Company, for summary judgment pursuant to Rule 56(b), Federal Rules of Civil Procedure, 28 U.S.C.A., dismissing the consolidated amended complaint. The motion is made upon the ground that the complaint, and all the claims alleged in it, are barred either by the New York statute of limitations of three years 1 or six years. 2 In the alternative, defendant moves for dismissal of all claims accruing prior to May 7, 1942, as barred in any event by the New York ten-year period of limitations. 3
The complaint…
2Cases cited30 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Schmidt v. Merchants Despatch Transportation Co.New York Court of Appeals · 1936
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3Cited by11 opinions
- Vigilant Insurance of America v. Housing Authority of El PasoNew York Court of Appeals · 1995
- VIGILANT INS v. Hous. Auth.New York Court of Appeals · 1995
- Rieser v. Baltimore Ohio Railroad CompanyCourt of Appeals for the Second Circuit · 1955
- Public Administrator of New York County v. Curtiss-Wright Corp.District Court, S.D. New York · 1963
- Cruz v. General Motors Corp.District Court, S.D. New York · 1970
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