Mahan v. Eckert Fuels, Inc.

Appellate Division of the Supreme Court of New York

Mahan v. Eckert Fuels, Inc.

24 A.D.2d 922, 264 N.Y.S.2d 520, 1965 N.Y. App. Div. LEXIS 2969

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

DecidedNovember 23, 1965

StatusPublished

This text of 24 A.D.2d 922 (Mahan v. Eckert Fuels, Inc.) 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

Mahan v. Eckert Fuels, Inc., 24 A.D.2d 922, 264 N.Y.S.2d 520, 1965 N.Y. App. Div. LEXIS 2969 (N.Y. Ct. App. 1965).

Pincite

Opinion

Memorandum by the Court.

Plaintiff sought to bring in the additional defendants by so-called supplemental summons and supplemental complaint, after the Statute of Limitations had run and prior to the effective date of CPLR 203 (subd. [e]) upon which respondent relies. The cause of action as against appellant was barred under CPLR 218 (subd. [a]) in any event and, further, as to it the complaint was not an “ amended complaint ” within the meaning of either sections 244, 245 of the Civil Practice Act or CPLR 3025. Judgment reversed, on the law and the facts, and complaint dismissed, without costs. Gibson, P. J., Reynolds, Taylor, Aulisi and Hamm, J J., concur.

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Memorandum by the Court.

Plaintiff sought to bring in the additional defendants by so-called supplemental summons and supplemental complaint, after the Statute of Limitations had run and prior to the effective date of CPLR 203 (subd. [e]) upon which respondent relies. The cause of action as against appellant was barred under CPLR 218 (subd. [a]) in any event and, further, as to it the complaint was not an “ amended complaint ” within the meaning of either sections 244, 245 of the Civil Practice Act or CPLR 3025. Judgment reversed, on the law and the facts, and complaint dismissed, without costs. Gibson, P. J., Reynolds, Taylor, Aulisi and Hamm, J J., concur.

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Bluebook (online)

24 A.D.2d 922, 264 N.Y.S.2d 520, 1965 N.Y. App. Div. LEXIS 2969, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mahan-v-eckert-fuels-inc-nyappdiv-1965.