Baratta v. Kozlowski
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Lazer, J.
The primary focus of these appeals is application of the Statute of Limitations when the same conduct or transaction produces separate causes of action sounding in tort and in contract. Asserting that the “essence” of the instant action is tort, defendants have unsuccessfully sought its dismissal on the basis of untimeliness and other alleged defects and they now seek corrective relief from us. Resolution of the issues implicates the recent and portentous holding of the Court of Appeals in Video Corp. of Amer. v Flatto Assoc. (58 NY2d 1026).
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From 1968 through…
2Cases cited69 opinions
- Schmidt v. Merchants Despatch Transportation Co.New York Court of Appeals · 1936
- Simonds v. SimondsNew York Court of Appeals · 1978
- Miller v. . SchlossNew York Court of Appeals · 1916
- Garrity v. Lyle Stuart, Inc.New York Court of Appeals · 1976
- Ball v. State of New YorkNew York Court of Appeals · 1977
64 more not listed; retrieve them via the Exa API.
3Cited by89 opinions
- Cullen v. MargiottaCourt of Appeals for the Second Circuit · 1987
- Riverwoods Chappaqua Corp. And Harvey Shapiro v. Marine Midland Bank, N.A.Court of Appeals for the Second Circuit · 1994
- Blumberg v. Touche Ross & Co.Supreme Court of Alabama · 1987
- Santulli v. Englert, Reilly & McHugh, P. C.New York Court of Appeals · 1992
- Carol Overall v. Estate of L.H.P. KlotzCourt of Appeals for the Second Circuit · 1995
84 more not listed; retrieve them via the Exa API.