Thomas v. Sousa

Appellate Division of the Supreme Court of New York

Thomas v. Sousa

51 A.D.2d 1028, 381 N.Y.S.2d 128, 1976 N.Y. App. Div. LEXIS 11822

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

DecidedMarch 15, 1976

StatusPublished

Cited by2 cases

This text of 51 A.D.2d 1028 (Thomas v. Sousa) 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

Thomas v. Sousa, 51 A.D.2d 1028, 381 N.Y.S.2d 128, 1976 N.Y. App. Div. LEXIS 11822 (N.Y. Ct. App. 1976).

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Opinion

In a negligence action to recover damages for personal injuries, defendant Sousa appeals, as limited by his brief, from so much of [1029]*1029an order of the Supreme Court, Westchester County, dated September 18, 1975, as, after a hearing, dismissed the two affirmative defenses asserted in his answer. Order affirmed insofar as appealed from, with costs. Under the circumstances elicited at the hearing, we believe that Special Term correctly held that the three-year Statute of Limitations was tolled, upon its finding that appellant’s change of name, during naturalization proceedings; effectively prevented plaintiffs from obtaining in personam jurisdiction during the statutory period (see CPLR 207). Martuscello, Acting P. J., Latham, Cohalan, Damiani and Titone, JJ., concur.

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In a negligence action to recover damages for personal injuries, defendant Sousa appeals, as limited by his brief, from so much of [1029]*1029an order of the Supreme Court, Westchester County, dated September 18, 1975, as, after a hearing, dismissed the two affirmative defenses asserted in his answer. Order affirmed insofar as appealed from, with costs. Under the circumstances elicited at the hearing, we believe that Special Term correctly held that the three-year Statute of Limitations was tolled, upon its finding that appellant’s change of name, during naturalization proceedings; effectively prevented plaintiffs from obtaining in personam jurisdiction during the statutory period (see CPLR 207). Martuscello, Acting P. J., Latham, Cohalan, Damiani and Titone, JJ., concur.

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Bluebook (online)

51 A.D.2d 1028, 381 N.Y.S.2d 128, 1976 N.Y. App. Div. LEXIS 11822, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-v-sousa-nyappdiv-1976.

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