Dailey v. Smiley
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: All of the causes of action alleged in the complaint before us have a one-year Statute of Limitations (CPLR 215) and this case presents no grounds for a toll. The libel cause of action accrued on the date the defamatory words were published (Toomey v Farley, 2 NY2d 71, 79), sometime in November, 1969 in the case of defendants Dennison and Strait; and on December 3, 1969 in the case of defendant Smiley. The Statute of Limitations began to run on the false arrest and unlawful…
2Cases cited11 opinions
- Toomey v. FarleyNew York Court of Appeals · 1956
- Giglio v. DelesparoAppellate Division of the Supreme Court of the State of New York · 1974
- Lucenti v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1968
- Huff v. StateAppellate Division of the Supreme Court of the State of New York · 1967
- Fuchs & Lang Sun Chemical de Venezuela v. Schenectady Chemicals, Inc.Appellate Division of the Supreme Court of the State of New York · 1974
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Jerome Singleton v. City of New York, Ronald Salzer and Anthony DellaventuraCourt of Appeals for the Second Circuit · 1980
- Von Bulow Ex Rel. Auersperg v. Von BulowDistrict Court, S.D. New York · 1987
- Mikaelian v. Drug Abuse UnitSupreme Court of Rhode Island · 1985
- Lancaster v. KindorAppellate Division of the Supreme Court of the State of New York · 1984
- Cohen v. Board of Education of East Ramapo Central School DistrictDistrict Court, S.D. New York · 1982
13 more not listed; retrieve them via the Exa API.