In re Three Sofia Bros.

New York Supreme Court

In re Three Sofia Bros.

190 Misc. 891, 76 N.Y.S.2d 337, 1947 N.Y. Misc. LEXIS 3585

DecidedNovember 17, 1947

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This text of 190 Misc. 891 (In re Three Sofia Bros.) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Three Sofia Bros., 190 Misc. 891, 76 N.Y.S.2d 337, 1947 N.Y. Misc. LEXIS 3585 (N.Y. Super. Ct. 1947).

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Opinion

Pecora, J.

The claim here is that respondent’s property was damaged while petitioner was moving furniture on August 30, 1941. The moving was being done pursuant to a contract entered into between the parties on August 12,1941. The three-year Statute of Limitations (Civ. Prac. Act, § 49, subd. 6) referring to actions to recover damages for injury to property resulting from negligence, does not apply. The claim here arises from an agreement between the parties and not from a violation of a duty imposed by law. (See Busch v. Interborough R. T. Co., 187 N. Y. 388.) The six-year statute as to contract actions (Civ. Prac. Act, § 48) is applicable. Service of the demand for arbitration on August 30, 1947, was therefore timely. (Pomeranz v. More, 187 Misc. 383.) The motion to stay arbitration is denied.

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Pecora, J.

The claim here is that respondent’s property was damaged while petitioner was moving furniture on August 30, 1941. The moving was being done pursuant to a contract entered into between the parties on August 12,1941. The three-year Statute of Limitations (Civ. Prac. Act, § 49, subd. 6) referring to actions to recover damages for injury to property resulting from negligence, does not apply. The claim here arises from an agreement between the parties and not from a violation of a duty imposed by law. (See Busch v. Interborough R. T. Co., 187 N. Y. 388.) The six-year statute as to contract actions (Civ. Prac. Act, § 48) is applicable. Service of the demand for arbitration on August 30, 1947, was therefore timely. (Pomeranz v. More, 187 Misc. 383.) The motion to stay arbitration is denied.

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Bluebook (online)

190 Misc. 891, 76 N.Y.S.2d 337, 1947 N.Y. Misc. LEXIS 3585, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-three-sofia-bros-nysupct-1947.

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