Legal Opinion

Kearney v. Atlantic Cement Co.

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

Decided December 11, 1969PublishedCited by 24 opinions

1Opinion of the CourtCooke, J.

Appeals from orders of the Supreme Court at Special Term, entered February 18, 1969 in Albany County, which denied the motions of defendant to dismiss the causes of action asserted in the complaint in each action, pursuant to CPLR 3211 (subd. [a], *849par. 5), on the ground that they could not be maintained because of the Statute of Limitations. The first action was commenced by plaintiffs Kearney, owners of an automobile and trailer business, on or about October 25,1968; the second by Marshall’s Garage, Inc., a garage owner, on or about September 20, 1968. Plaintiffs respectively seek a…

2Cases cited2 opinions

  1. Galway v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
  2. Simmons v. CapraAppellate Division of the Supreme Court of the State of New York · 1947

3Cited by24 opinions

  1. State v. Schenectady Chemicals, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
  2. Maurice Rapf and Carl Hansen v. Suffolk County of New YorkCourt of Appeals for the Second Circuit · 1985
  3. Syms v. Olin Corp.Court of Appeals for the Second Circuit · 2005
  4. State v. Schenectady Chemicals, Inc.New York Supreme Court · 1983
  5. Young v. YoungWyoming Supreme Court · 1985

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