Bromley v. Cosmatos

Appellate Division of the Supreme Court of New York

Bromley v. Cosmatos

81 A.D.2d 852, 441 N.Y.S.2d 812, 1981 N.Y. App. Div. LEXIS 11526

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 11, 1981

StatusPublished

This text of 81 A.D.2d 852 (Bromley v. Cosmatos) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bromley v. Cosmatos, 81 A.D.2d 852, 441 N.Y.S.2d 812, 1981 N.Y. App. Div. LEXIS 11526 (N.Y. Ct. App. 1981).

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Opinion

— In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Nassau County, dated July 24, 1979, which (1) denied their motion to strike the affirmative defense that the action was barred by the Statute of Limitations, and (2) granted defendant Tsipouras’ cross motion to dismiss the complaint. By order dated May 5, 1980 this court reversed the order, reinstated the complaint, granted the motion and denied the cross motion (Bromley v Cosmatos, 75 AD2d 798). Defendant Tsipouras moved for reargument and the motion was granted by this court by order dated January 19, 1981. Upon reargument, the order and decision of this court dated May 5, 1980 are recalled and vacated and the order appealed from is affirmed, without costs or disbursements (see Dominquez v De Tiberus, 53 NY2d 778, affg 78 AD2d 848). Rabin, J. P., Margett, O’Connor and Weinstein, JJ., concur.

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— In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Nassau County, dated July 24, 1979, which (1) denied their motion to strike the affirmative defense that the action was barred by the Statute of Limitations, and (2) granted defendant Tsipouras’ cross motion to dismiss the complaint. By order dated May 5, 1980 this court reversed the order, reinstated the complaint, granted the motion and denied the cross motion (Bromley v Cosmatos, 75 AD2d 798). Defendant Tsipouras moved for reargument and the motion was granted by this court by order dated January 19, 1981. Upon reargument, the order and decision of this court dated May 5, 1980 are recalled and vacated and the order appealed from is affirmed, without costs or disbursements (see Dominquez v De Tiberus, 53 NY2d 778, affg 78 AD2d 848). Rabin, J. P., Margett, O’Connor and Weinstein, JJ., concur.

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Bluebook (online)

81 A.D.2d 852, 441 N.Y.S.2d 812, 1981 N.Y. App. Div. LEXIS 11526, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bromley-v-cosmatos-nyappdiv-1981.

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