Legal Opinion

Rachlin v. Ortiz

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

Decided August 3, 1987PublishedCited by 8 opinions

1Opinion of the Court

an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Sacks, J.), dated February 3, 1986, which denied her motion to dismiss the complaint as time barred.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff did not present any evidence that the defendant could not be located prior to the expiration of the Statute of Limitations because of a change in her name and/or a change in her address (see, Doyon v Bascom, 38 AD2d 645, 645-646; Feinstein v…

2Cases cited4 opinions

  1. Feinstein v. BergnerNew York Court of Appeals · 1979
  2. Dobkin v. ChapmanNew York Court of Appeals · 1968
  3. Doyon v. BascomAppellate Division of the Supreme Court of the State of New York · 1971
  4. Thomas v. SousaAppellate Division of the Supreme Court of the State of New York · 1976

3Cited by8 opinions

  1. Plitman v. LeibowitzDistrict Court, S.D. New York · 1998
  2. De Simone v. FrosinaAppellate Division of the Supreme Court of the State of New York · 1995
  3. State of New York Higher Education Services Corp. v. McGarryAppellate Division of the Supreme Court of the State of New York · 1989
  4. Gibbs v. GibbsAppellate Division of the Supreme Court of the State of New York · 2016
  5. Mojica v. The PalladiumAppellate Division of the Supreme Court of the State of New York · 1992

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