TaiLexi AI U.S. Case Law

Hart v. DiPiazza

Michael F. Hart v. Tony DiPiazza

Hart v. DiPiazza, 262 A.D.2d 283 (1999)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
June 1, 1999
Citations
262 A.D.2d 283691 N.Y.S.2d 1091999 N.Y. App. Div. LEXIS 5895

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (LaTorella, J.), dated February 18, 1998, which denied his motion for summary judgment *284 dismissing the complaint as barred by the Statute of Limitations and granted the plaintiffs cross motion to dismiss his affirmative defense based on the Statute of Limitations.

Ordered that the order is affirmed, with costs.

The 1996 amendment to General Municipal Law § 205-a (L 1996, ch 703) revived certain actions and added a subdivision providing that the section “shall be deemed to provide a right of action regardless of whether the injury or death is caused by the violation of a provision which codifies a common-law duty” (General Municipal Law § 205-a [3]). Since the plaintiff’s complaint alleged a violation of Administrative Code of the City of New York §§ 27-127, 27-128, which merely restate common-law duties with respect to premises maintenance (see, Farrington v City of New York, 240 AD2d 697 ), we agree with the Supreme Court that the 1996 amendment revived the plaintiffs action, and that it was not barred by the three-year Statute of Limitations set forth in CPLR 214 (5) or (2). S. Miller, J. P., Sullivan, Friedmann, Luciano and Feuerstein, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

2003: 12021: 120032026peak 2003 · 1

Relies on it most ⓘ

  1. Emigrant Bank v. McDonald2021 NY Slip Op 04594
  2. Brennan v. New York City Housing Authority302 A.D.2d 483 (2003)

Most recent

  1. Emigrant Bank v. McDonald2021 NY Slip Op 04594
  2. Brennan v. New York City Housing Authority302 A.D.2d 483 (2003)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Farrington v. City of N.Y., 240 A.D.2d 697 (1997) 11

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list