Shoucair v. Read

Appellate Division of the Supreme Court of New York

Shoucair v. Read

79 A.D.2d 1081, 435 N.Y.S.2d 817, 1981 N.Y. App. Div. LEXIS 10009

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

DecidedJanuary 29, 1981

StatusPublished

Cited by1 cases

This text of 79 A.D.2d 1081 (Shoucair v. Read) 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

Shoucair v. Read, 79 A.D.2d 1081, 435 N.Y.S.2d 817, 1981 N.Y. App. Div. LEXIS 10009 (N.Y. Ct. App. 1981).

Pincite

Opinion

Appeal from an order of the Supreme Court at Special Term, entered June 12, 1980 in Clinton County, which denied plaintiff’s motion to dismiss defendants’ second affirmative defense of the Statute of Limitations. Assuming that plaintiff’s complaint states a valid cause of action in negligence, the facts contained in the record are insufficient to allow a determination as to when the cause of action arose. Accordingly, Special Term did not err in denying plaintiff’s motion to dismiss the affirmative defense of the Statute of Limitations. Order affirmed, with costs. Kane, J. P., Main, Mikoll, Casey and Herlihy, JJ., concur.

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Appeal from an order of the Supreme Court at Special Term, entered June 12, 1980 in Clinton County, which denied plaintiff’s motion to dismiss defendants’ second affirmative defense of the Statute of Limitations. Assuming that plaintiff’s complaint states a valid cause of action in negligence, the facts contained in the record are insufficient to allow a determination as to when the cause of action arose. Accordingly, Special Term did not err in denying plaintiff’s motion to dismiss the affirmative defense of the Statute of Limitations. Order affirmed, with costs. Kane, J. P., Main, Mikoll, Casey and Herlihy, JJ., concur.

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Bluebook (online)

79 A.D.2d 1081, 435 N.Y.S.2d 817, 1981 N.Y. App. Div. LEXIS 10009, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shoucair-v-read-nyappdiv-1981.

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