COVINGTON v. WALKER


3 N.Y.3d 287 (2004)

819 N.E.2d 1025

786 N.Y.S.2d 409

RHONDA COVINGTON, Appellant, v. CARLTON WALKER, Respondent.

Court of Appeals of the State of New York.

Decided October 26, 2004.


Attorney(s) appearing for the Case

Morningside Heights Legal Services, Inc., New York City (Philip M. Genty, Peggy Cross and Edward Smock of counsel), for appellant.

Hancock & Estabrook, LLP, Syracuse (Alan J. Pierce of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.


OPINION OF THE COURT

CIPARICK, J.

The issue presented by this appeal is whether plaintiff's cause of action for divorce on the ground of imprisonment pursuant to Domestic Relations Law § 170 (3), brought 16 years after the commencement of defendant's confinement, is barred by the five-year statute of limitations as set forth in Domestic Relations Law § 210. Resolution of this question turns on whether...

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