MANEY v. MALONEY


101 A.D.2d 403 (1984)

James Maney, Appellant, v. Owen Maloney, Respondent

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

May 24, 1984


Attorney(s) appearing for the Case

Doherty & Doherty for appellant.

Stanton D. King for respondent.

KANE, J. P., MAIN, CASEY and HARVEY, JJ., concur.


LEVINE, J.

Plaintiff brought this action, sounding in tort, for the mental suffering he allegedly incurred as the result of defendant's having shot his brother. (Defendant was convicted of the crime of manslaughter following his guilty plea.) While the death of plaintiff's brother occurred on March 12, 1978, plaintiff did not file this suit until November 17, 1982. Plaintiff concedes that under ordinary circumstances, this action would be barred by the...

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