Legal Opinion
Beresovski v. Warszawski
New York Court of Appeals
Decided May 26, 1971PublishedCited by 9 opinions
1Opinion of the CourtGibson, J.
In this action, brought for specific performance of a stockholders’ agreement, the complaint was dismissed, following a nonjury trial, on the ground that the action was barred by the 6-year Statute of Limitations applicable to an action upon a contractual obligation or liability (CPLR 213). The trial court further found that the statute had not been tolled by reason of the absence from the State of defendants Warszawski and War son (CPLR 207; Civ. Prac. Act, § 19). The Appellate Division, First Department, unanimously affirmed upon the opinion of the trial court; and appeal to this court was…
2Cases cited5 opinions
- Hearn 45 St. Corp. v. JanoNew York Court of Appeals · 1940
- Peters v. . DelaplaineNew York Court of Appeals · 1872
- Benintendi v. Kenton Hotel, Inc.New York Court of Appeals · 1945
- Turner v. American Metal Co.Appellate Division of the Supreme Court of the State of New York · 1944
- Jamaica National Bank v. Le Reiz Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1954
3Cited by9 opinions
- Renz v. BeemanCourt of Appeals for the Second Circuit · 1978
- Zion v. KurtzNew York Court of Appeals · 1980
- In re the Estate of EscherNew York Surrogate's Court · 1978
- Childs v. BrandonNew York Court of Appeals · 1983
- United Acquisition Corp. v. Banque ParibasDistrict Court, S.D. New York · 1985
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