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· 12/18/1939

Ballin v. Apperson Realty Corp.

Citations

  • 258 A.D. 264
  • 16 N.Y.S.2d 251
  • 1939 N.Y. App. Div. LEXIS 6417

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting different doctrinal origins of accrual rules for ordinary negligence and for malpractice
  • “[I]t would be unreasonable and perhaps unconstitutional to hold that [plaintiff’s] time to sue expired before it was possible for him to learn of the wrong....”
  • “the wrong itself is not actionable, the right not violated, and the cause of action nonexistent until damage takes place.”
  • action based on negligence and implied warranty for product inserted into plaintiff’s sinuses to make them perceptible in x-rays accrued when “forces wrongfully put in motion produce injury,” not when injury became known
  • which specifically eschewed any extension of accrual on discovery

Source: CourtListener parenthetical corpus (CC0).

Judges: Cohn, Martin

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.