Legal Opinion

Covington v. Walker

New York Court of Appeals

Decided October 26, 2004PublishedCited by 10 opinions

1Opinion of the Court

OPINION OF THE COURT

Ciparick, J.

The issue presented by this appeal is whether plaintiffs cause of action for divorce on the ground of imprisonment pursuant to Domestic Relations Law § 170 (3), brought 16 years after the commencement of defendant’s confinement, is barred by the five-year statute of limitations as set forth in Domestic Relations Law § 210. Resolution of this question turns on whether the statute of limitations is measured from the date of defendant’s third consecutive year of incarceration or from the date of his release from prison (see Domestic Relations Law § 170 [3]…

2Cases cited14 opinions

  1. Jensen v. General Electric Co.New York Court of Appeals · 1993
  2. Gleason v. GleasonNew York Court of Appeals · 1970
  3. 509 Sixth Avenue Corp. v. New York City Transit AuthorityNew York Court of Appeals · 1964
  4. Britt v. Legal Aid Society, Inc.New York Court of Appeals · 2000
  5. Blanco v. American Telephone & Telegraph Co.New York Court of Appeals · 1997

9 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Town of Oyster Bay v. Lizza Industries, Inc.New York Court of Appeals · 2013
  2. Capruso v. Village of Kings PointNew York Court of Appeals · 2014
  3. Lucchesi v. PerfettoAppellate Division of the Supreme Court of the State of New York · 2010
  4. Bloomingdales, Inc. v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2008
  5. Filstein v. BrombergNew York Supreme Court · 2012

5 more not listed; retrieve them via the Exa API.

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