OPIELA v. MAY INDUSTRIES CORPORATION


10 A.D.3d 340 (2004)

781 N.Y.S.2d 353

STEVEN J. OPIELA, Appellant, v. MAY INDUSTRIES CORPORATION, Defendant, and LEHRER McGOVERN & BOVIS et al., Respondents.

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

Decided August 26, 2004.


Plaintiff was injured when he was struck by a piece of metal that fell from a construction area at the Central Terminal Building at LaGuardia Airport. A condition for commencing an action against an unknown party (CPLR 1024) is that the plaintiff demonstrate he or she made a genuine effort to ascertain, in a timely manner, the identity of the defendants prior to expiration of the statute of limitations (Tucker v Lorieo, 291 A.D.2d 261

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