JONES v. BILL


10 N.Y.3d 550 (2008)

890 N.E.2d 884

860 N.Y.S.2d 769

DAVID CHARLES JONES, JR., Appellant, v. JESSICA A. BILL et al., Respondents.

Court of Appeals of the State of New York.

Decided June 5, 2008.


Attorney(s) appearing for the Case

Rutberg & Associates, P.C., Poughkeepsie (Lawrence A. Breslow of counsel), for appellant.

O'Connor, McGuinness, Conte, Doyle & Oleson, White Plains (Montgomery L. Effinger of counsel), for respondents.

Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.


OPINION OF THE COURT

Chief Judge KAYE.

The question before us is whether, for the purposes of the federal Graves Amendment (49 USC § 30106), an action is "commenced" on the date of the initial filing of the summons and complaint, or on the date of joinder of the vehicle lessor. We conclude that the initial filing date is determinative.

On July 7, 2005, plaintiff Jones and defendant Bill were...

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