McDonough v. Cestare
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtNolan, P. J.
In this action to recover damages for wrongful death, the amended answer sets up, as a defense, the two-year Statute of Limitations contained in section 130 of the Decedent Estate Law. Respondent’s intestate died in August, 1953. Genevieve Shinn, appellant’s intestate, died in October, 1953. *202The action was commenced on May 2,1956. Respondent invokes the provisions of section 21 of the Civil Practice Act against appellant’s claim that the action is barred. That section insofar as pertinent reads as follows: ‘ ‘ The term of eighteen months after the death within this state of a person against…
2Cases cited16 opinions
- Sharrow v. . Inland Lines, Ltd.New York Court of Appeals · 1915
- Crapo v. . City of SyracuseNew York Court of Appeals · 1906
- Cimo v. State of New YorkNew York Court of Appeals · 1953
- Mossip v. F. H. Clement & Co.Appellate Division of the Supreme Court of the State of New York · 1939
- Conolly v. . HyamsNew York Court of Appeals · 1903
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3Cited by11 opinions
- Erickson v. Town of HendersonAppellate Division of the Supreme Court of the State of New York · 1968
- Chartener v. KiceDistrict Court, E.D. New York · 1967
- Barbara Rosenberg, Individually, and as Personal Representative of the Heirs and Estate of Stanley Rosenberg, Deceased v. The Celotex CorporationCourt of Appeals for the Fifth Circuit · 1985
- Mogavero v. Stony Creek Development Corp.Appellate Division of the Supreme Court of the State of New York · 1976
- Dawson v. LangnerAppellate Division of the Supreme Court of the State of New York · 1985
6 more not listed; retrieve them via the Exa API.