Peterson v. Long
New York Supreme Court
1Opinion of the Court
*726OPINION OF THE COURT
Edward M. Horey, J.
The motion at bar is brought by the defendants. It seeks a dismissal of the plaintiffs summons on the grounds that the action for negligence commenced thereby is time barred under the applicable Statute of Limitations.
It is agreed that the summons was served three years and one day after the accrual of the cause of action. Thus the starting point of our consideration is that the plaintiffs’ action was not timely commenced albeit that the delay in so doing was less than 24 hours.
The plaintiffs assert that under all the facts surrounding the matter the…
2Cases cited8 opinions
- Barasch v. MicucciNew York Court of Appeals · 1980
- General Stencils, Inc. v. ChiappaNew York Court of Appeals · 1966
- Eaton v. Equitable Life Assurance Society of United States, Inc.New York Court of Appeals · 1982
- Robinson v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1965
- Procco v. KennedyAppellate Division of the Supreme Court of the State of New York · 1982
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3Cited by4 opinions
- Wultz v. Bank of China Ltd.District Court, S.D. New York · 2013
- Allen v. HandszerNew York Supreme Court · 1990
- Hakala v. J.P. Morgan Securities, Inc.District Court, S.D. New York · 2005
- C.L. v. County of OneidaNew York Supreme Court, Oneida County · 2024