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· 12/11/2007

Republic National Bank v. Zaccoli

Citations

  • 46 A.D.3d 656
  • 846 N.Y.S.2d 587

How courts have described this case

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

  • holding that statutory modification of limitations period should be given retroactive effect based on fact that statute was to take effect immediately
  • applying new statute of limitations retroactively in part because plaintiff had a reasonable time within which to prosecute her claim after the statute’s effective date
  • “[T]he limiting amendment was expressly provided to take effect immediately, a factor consistent with the purpose of giving it retroactive effect.”
  • “There is no constitutional impediment to legislation retroactively either extending a period of limitations or shortening such period, providing that a party has a reasonable time to commence the action under the shortened period.”
  • “retroactivity need not be explicitly set forth in the statute.”

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

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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.