1. Home
  2. Browse Decisions
  3. A.D.2d
  4. 44 A.D.2d
  5. 44 A.D.2d 316 (1974)
 

RIVERA v. BERKELEY SUPER WASH

44 A.D.2d 316 (1974)

Alberto Rivera, Sr., et al., Respondents, v. Berkeley Super Wash, Inc., Defendant and Third-Party Plaintiff, et al., Defendant; Bock Laundry Machine Company, Defendant and Third-Party Defendant-Appellant, et al., Third-Party Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 15, 1974.

Attorney(s) appearing for the Case

Huber, Kirk & O'Connell (Alexander, Ash, Schwartz & Cohen [trial counsel]; Irwin H. Haut and Sidney A. Schwartz of counsel), for appellant.

Joseph Friedberg (Martin Levine of counsel), for respondents.

CHRIST and MUNDER, JJ., concur with SHAPIRO, Acting P. J.; COHALAN and BENJAMIN, JJ., dissent and vote to reverse the order, to deny plaintiffs' motion and to grant the cross motion of defendant Bock Laundry Machine Company, with separate opinions.

SHAPIRO, Acting P. J.

The question presented is whether the contract Statute of Limitations (which commences running at the time of sale) or the tort Statute of Limitations (which commences at the time of injury) is to be applied in this case. The determination is crucial to the infant plaintiff since, if the contract Statute of Limitations is applied, he would be deprived of the possibility of proceeding under...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases