Curcurato v. Reggio

Appellate Division of the Supreme Court of New York

Curcurato v. Reggio

282 A.D. 705, 122 N.Y.S.2d 114, 1953 N.Y. App. Div. LEXIS 4747

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

DecidedJune 8, 1953

StatusPublished

This text of 282 A.D. 705 (Curcurato v. Reggio) 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

Curcurato v. Reggio, 282 A.D. 705, 122 N.Y.S.2d 114, 1953 N.Y. App. Div. LEXIS 4747 (N.Y. Ct. App. 1953).

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Opinion

The second cause of action set forth in the complaint is to recover damages for the wrongful death of plaintiff’s intestate, and the first cause of action is to recover damages for personal injuries alleged to have been sustained by the administratrix, individually. Defendants moved to dismiss the complaint on the ground that the action was not commenced within the time allowed by law (1950 Code of Va., § 8-633). Special Term granted the motion as to the second cause of action for wrongful death, severed that cause of action and directed that judgment be entered in favor of defendants thereon. The administratrix appeals from the order entered thereon, contending that the statute was tolled by section 8-31 of the 1950 Code, of Virginia. Order affirmed, with $10 costs and disbursements. {Manuel v. Norfolk é W. Ry. Co., 99 Va. 188.) Nolan, P. J., Carswell, Adel, MacCrate and Beldock, JJ., concur.

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The second cause of action set forth in the complaint is to recover damages for the wrongful death of plaintiff’s intestate, and the first cause of action is to recover damages for personal injuries alleged to have been sustained by the administratrix, individually. Defendants moved to dismiss the complaint on the ground that the action was not commenced within the time allowed by law (1950 Code of Va., § 8-633). Special Term granted the motion as to the second cause of action for wrongful death, severed that cause of action and directed that judgment be entered in favor of defendants thereon. The administratrix appeals from the order entered thereon, contending that the statute was tolled by section 8-31 of the 1950 Code, of Virginia. Order affirmed, with $10 costs and disbursements. {Manuel v. Norfolk é W. Ry. Co., 99 Va. 188.) Nolan, P. J., Carswell, Adel, MacCrate and Beldock, JJ., concur.

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Bluebook (online)

282 A.D. 705, 122 N.Y.S.2d 114, 1953 N.Y. App. Div. LEXIS 4747, Counsel Stack Legal Research, https://law.counselstack.com/opinion/curcurato-v-reggio-nyappdiv-1953.

Opinion

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