Barnes v. City of New York

New York Court of Appeals

Barnes v. City of New York

415 N.E.2d 979, 51 N.Y.2d 906, 434 N.Y.S.2d 991, 1980 N.Y. LEXIS 2751

CourtNew York Court of Appeals

DecidedNovember 11, 1980

StatusPublished

Cited by47 cases

This text of 415 N.E.2d 979 (Barnes v. City of New York) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barnes v. City of New York, 415 N.E.2d 979, 51 N.Y.2d 906, 434 N.Y.S.2d 991, 1980 N.Y. LEXIS 2751 (N.Y. 1980).

Pincite

Opinion

OPINION OF THE COURT

Memorandum.

The question before the court is whether the Appellate Division erred as a matter of law in finding that the “due diligence” requirement of CPLR 308 (subd 4) had not been met. Expressed another way, the question is whether, on the facts before us, there was demonstrated due diligence as a matter of law.

We note in passing that we do not construe the determination at the Appellate Division as having laid down any hard rule of law. Indeed, in determining the question of whether due diligence has been exercised, no rigid rule could properly be prescribed. Viewing this case on its facts, we conclude there was no error of law, and the order should be affirmed, with costs, and the certified question answered in the affirmative.

[908]*908Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed, with costs, and question certified answered in the affirmative in a memorandum.

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