Legal Opinion
Westnine Associates v. West 109th Street Associates
Appellate Division of the Supreme Court of the State of New York
Decided September 17, 1998PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Sullivan, J. P.
This is an action commenced prior to July 1, 1992, the effective date of the commencement of an action by filing provisions enacted in 1992 (L 1992, ch 216), which, inter alia, amended CPLR 203 (c) to provide that, where an action is commenced by filing {see, CPLR 304), it is deemed, for Statute of Limitations purposes, to have been commenced when the summons and complaint are filed with the clerk of the court. Here, a supplemental summons and amended complaint, adding new parties defendant and asserting a new cause of action, were filed prior to the…
2Cases cited6 opinions
- Arnold v. Mayal Realty Co.New York Court of Appeals · 1949
- Irving Trust Co. v. SeltzerAppellate Division of the Supreme Court of the State of New York · 1943
- Crook v. E. I. du Pont de Nemours Co.New York Court of Appeals · 1993
- De Maria v. SmithAppellate Division of the Supreme Court of the State of New York · 1994
- Seavey v. KorteNew York Supreme Court · 1993
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3Cited by2 opinions
- Andrew Greenberg, Inc. v. Sir-Tech Software, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
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