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

Appellate Division of the Supreme Court of the State of New York·Decided January 29, 1981·Published·Cited by 1 cases

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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

79 A.D.2d 1081 (Shoucair v. Read) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related