· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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