Legal Opinion
Marion v. Air Preheater Corp.
District Court, S.D. New York
Decided July 5, 1961PublishedCited by 1 opinion
1Opinion of the Court
MacMAHON, District Judge.
This is a motion by defendant Foster Wheeler Corporation to dismiss the complaint as to it upon the ground that it is barred by the statute of limitations.
This action arises out of an accident which occurred in New Jersey on October 2, 1957. Foster Wheeler was served with a supplemental summons and amended complaint on August 23, 1960, more than two years after the accident.
All of the plaintiffs are residents of New Jersey. Jurisdiction of this court is grounded on diversity. The court, therefore, must apply the substantive law of New York, including its conflict…
2Cases cited3 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Prudential Insurance Co. of America v. StoneNew York Court of Appeals · 1936
3Cited by1 opinion
- Trane Co. v. N. Robinson Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 1978