Legal Opinion

Schiavone v. 801 S. Fulton Avenue Co.

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

Decided June 17, 2002PublishedCited by 1 opinion

1Opinion of the Court

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Westchester County (Murphy, J.), entered September 21, 2001, which granted the defendant’s motion to dismiss the action as time barred.

Ordered that the order is affirmed with costs.

The Supreme Court properly dismissed the action commenced May 8, 2001, as time barred. The plaintiffs were not entitled to invoke the six-month extension contained in CPLR 205 (a) (see Markoff v South Nassau Community Hosp., 61 NY2d 283; County of Rockland v Coakley, 235 AD2d 782; Matter of…

2Cases cited3 opinions

  1. Markoff v. South Nassau Community HospitalNew York Court of Appeals · 1984
  2. Winston v. Freshwater Wetlands Appeals BoardAppellate Division of the Supreme Court of the State of New York · 1996
  3. County of Rockland v. CoakleyAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by1 opinion

  1. Jacquez v. CampouerdeAppellate Division of the Supreme Court of the State of New York · 2003

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