Legal Opinion
CANNELLAS EX REL. ESTATE OF DIGIACOMO v. Lentz
District Court, S.D. New York
Decided October 24, 2005No. 04 Civ.5308 MGCPublishedCited by 2 opinions
1Opinion of the Court
OPINION
CEDARBAUM, District Judge.
Defendant Martin Lentz moves to dismiss this action on the grounds that it is barred by the statute of limitations. For the reasons that follow, the motion is denied.
BACKGROUND
On September 3, 2003, plaintiff filed a complaint against Lentz and Sauble asserting a claim for wrongful death and a survival claim for personal injury of the decedent, Guido M. DiGiacomo. DiGiacomo was crossing the street on September 7, 2000 when he was struck by a vehicle driven by Lentz and owned by Sauble. DiGiacomo died later that day from his injuries. Plaintiffs original claim…
2Cases cited12 opinions
- Walker v. Armco Steel Corp.Supreme Court of the United States · 1980
- Carrick v. Central General HospitalNew York Court of Appeals · 1980
- George v. Mt. Sinai HospitalNew York Court of Appeals · 1979
- Hill v. HawesSupreme Court of the United States · 1944
- Edward J. Diffley, and Ann M. Diffley v. Allied-Signal, Inc.Court of Appeals for the Second Circuit · 1990
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3Cited by2 opinions
- ILKB of CNY, LLC v. Franchoice, Inc.District Court, D. Minnesota · 2020
- Orman v. Central Loan Administration & ReportingDistrict Court, D. Arizona · 2020