DIFFLEY v. ALLIED-SIGNAL, INC.

No. 1430, Docket 90-7559.

921 F.2d 421 (1990)

Edward J. DIFFLEY, and Ann M. Diffley, Plaintiffs-Appellants, v. ALLIED-SIGNAL, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 7, 1990.


Attorney(s) appearing for the Case

Paul A. Levine, Albany (Buckley & Mendelson, of counsel), for plaintiffs-appellants.

William F. Ryan, Jr., Albany (Tabner & Laudato, of counsel), for defendant-appellee.

Before NEWMAN and PRATT, Circuit Judges, and GRIESA, District Judge for the Southern District of New York, sitting by designation.


PRATT, Circuit Judge.

Edward and Ann Diffley appeal from a judgment of the United States District Court for the Northern District of New York, Con. G. Cholakis, Judge, dismissing their complaint as time-barred. The district court held that § 205(a) of the New York Civil Practice Law and Rules could not be applied to extend the time for refiling their asbestos personal injury action where subject matter jurisdiction was lacking in the original suit. We...

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