[Download] "Ludger Doyon Et Al. v. Robert Bascom" by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: Ludger Doyon Et Al. v. Robert Bascom
- Author : Supreme Court of New York
- Release Date : January 20, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
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[38 A.D.2d 645 Page 645] The complaint alleges that the plaintiffs sustained damages for personal injuries as the result of a motor vehicle accident
which occurred on February 25, 1966. The action was commenced by service of a summons only on June 12, 1970, or nearly four
years and four months after the accrual of the causes of action. Upon receipt of the complaint, defendant moved to dismiss
the complaint on the ground that the three-year Statute of Limitations had run. The plaintiffs offered nothing in the manner
of evidence at the return date of the motion. The plaintiffs, however, argued that defendant's proof submitted in support
of his motion was insufficient because the mere passage of more than three years from the date of the accident to commencement
of the action was not, of itself, determinative of the motion and plaintiffs further asserted that the statute could have
been tolled by infancy, insanity, or imprisonment. Special Term held that it was incumbent upon the plaintiffs to produce
some evidence that the Statute of Limitations had been tolled and granted defendant's motion unless satisfactory evidence
of the tolling was submitted within 20 days after the service of the order; plaintiffs failed to produce such evidence. CPLR
3211, (subd. [a], par. 5) states that a party may move for judgment dismissing a cause of action on the ground it is barred
by the Statute of Limitations. While the burden of proving the affirmative [38 A.D.2d 645 Page 646]