Greco v. Board of Education

Appellate Division of the Supreme Court of New York

Greco v. Board of Education

25 A.D.2d 432, 267 N.Y.S.2d 185, 1966 N.Y. App. Div. LEXIS 5249

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

DecidedJanuary 3, 1966

StatusPublished

This text of 25 A.D.2d 432 (Greco v. Board of Education) 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

Greco v. Board of Education, 25 A.D.2d 432, 267 N.Y.S.2d 185, 1966 N.Y. App. Div. LEXIS 5249 (N.Y. Ct. App. 1966).

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Opinion

In a negligence action to recover damages for personal injuries, the plaintiff appeals from so much of an order of the Supreme Court, Kings County, entered August 10, 1965, as denied his motion to dismiss the defense of the defendant Board of Education that the action was time-barred. Order, insofar as appealed from, reversed, with $10 costs and disbursements, and motion granted. In our opinion, under the facts of this ease and the applicable sections of the law then in force, the plaintiff was entitled to one year and 73 days from the accrual of the cause of action within which to commence the action against the Board of Education (General Municipal Law, § 50-h; General Corporation Law, § 3, subd. 2; former Civ. Prac. Act, § 24, now CPLR 204, subd. [a]; Amex Asphalt Corp. v. City of New York, 263 App. Div. 968, affd. 288 N. Y. 721; Gurfein v. City of New York, 28 Misc 2d 252; Israel v. City of New York, 28 Misc 2d 418; De Jose v. Town of Hempstead, 25 Misc 2d 780).

Beldock, P. J., Brennan, Hill, Hopkins and Benjamin, JJ., concur.

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In a negligence action to recover damages for personal injuries, the plaintiff appeals from so much of an order of the Supreme Court, Kings County, entered August 10, 1965, as denied his motion to dismiss the defense of the defendant Board of Education that the action was time-barred. Order, insofar as appealed from, reversed, with $10 costs and disbursements, and motion granted. In our opinion, under the facts of this ease and the applicable sections of the law then in force, the plaintiff was entitled to one year and 73 days from the accrual of the cause of action within which to commence the action against the Board of Education (General Municipal Law, § 50-h; General Corporation Law, § 3, subd. 2; former Civ. Prac. Act, § 24, now CPLR 204, subd. [a]; Amex Asphalt Corp. v. City of New York, 263 App. Div. 968, affd. 288 N. Y. 721; Gurfein v. City of New York, 28 Misc 2d 252; Israel v. City of New York, 28 Misc 2d 418; De Jose v. Town of Hempstead, 25 Misc 2d 780).

Beldock, P. J., Brennan, Hill, Hopkins and Benjamin, JJ., concur.

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Bluebook (online)

25 A.D.2d 432, 267 N.Y.S.2d 185, 1966 N.Y. App. Div. LEXIS 5249, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greco-v-board-of-education-nyappdiv-1966.

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