Legal Opinion

DeMartino v. Rivera

Appellate Division of the Supreme Court of the State of New York

Decided March 20, 1989PublishedCited by 14 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (I. Aronin, J.), dated June 14, 1988, which denied his motion to vacate a judgment entered upon his default and thereupon to dismiss the complaint on the ground, inter alia, of the Statute of Limitations.

*569Ordered that the order is reversed, on the law, with costs, the motion to vacate the default is granted and the action is dismissed as time barred.

On September 4, 1984, a car driven by the plaintiff, Joseph DeMartino was struck by a car driven by the defendant, Amador…

2Cases cited4 opinions

  1. Antone v. General Motors Corp.New York Court of Appeals · 1984
  2. Shaw v. ShawAppellate Division of the Supreme Court of the State of New York · 1983
  3. Chase Manhattan Bank v. CarlsonAppellate Division of the Supreme Court of the State of New York · 1985
  4. Terlizzi v. BrodieAppellate Division of the Supreme Court of the State of New York · 1972

3Cited by14 opinions

  1. Braune v. Abbott LaboratoriesDistrict Court, E.D. New York · 1995
  2. P.M.S., Inc. v. JakubowskiIndiana Court of Appeals · 1992
  3. Deutsche Bank National Trust Co. v. PestanoAppellate Division of the Supreme Court of the State of New York · 2010
  4. Government Employees Insurance v. BasedowAppellate Division of the Supreme Court of the State of New York · 2006
  5. Steele v. Hempstead Pub TaxiAppellate Division of the Supreme Court of the State of New York · 2003

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