Bongiorno v. D.I.G.I., Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Kooper, J.
In this case of first impression before a New York *122appellate court, we are called upon to select the appropriate limitations period to be applied to an action asserted under General Obligations Law § 11-101, the so-called "New York Dram Shop Act”. For the reasons that follow, we conclude that plaintiffs action is properly subject to the three-year limitations period prescribed by CPLR 214 (2). Accordingly, we affirm the order of the Supreme Court.
I
The plaintiffs lawsuit has its genesis in an automobile accident which occurred on July 23, 1983, on Montauk Highway…
2Cases cited33 opinions
- Murphy v. American Home Products Corp.New York Court of Appeals · 1983
- D'Amico v. ChristieNew York Court of Appeals · 1987
- Sears, Roebuck & Co. v. Enco Associates, Inc.New York Court of Appeals · 1977
- Brick v. Cohn-Hall-Marx Co.New York Court of Appeals · 1937
- Liff v. SchildkroutNew York Court of Appeals · 1980
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3Cited by11 opinions
- Marsico v. Southland Corp.Appellate Division of the Supreme Court of the State of New York · 1989
- Adkins v. Uncle Bart's, Inc.Utah Supreme Court · 2000
- McArdle v. 123 Jackpot, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Cole v. O'Tooles of Utica, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- State v. Bronxville Glen I AssociatesAppellate Division of the Supreme Court of the State of New York · 1992
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