AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

EDGAR MOCK, Appellant, v. SPIVEY COMPANY, INC., et al., Respondents, et al., Defendants.

Plaintiff was allegedly injured while working on a conveyor belt at a New York United Parcel Service facility on March 19, 1987. More than a year later, he sued, inter alia, Spivey Company, Inc., a Pennsylvania corporation, asserting causes of action in negligence, breach of warranty and strict products liability. Spivey Company, Inc. was dissolved pursuant to a Pennsylvania Department of State certificate on March 18, 1985. Supreme Court dismissed the action against defendant based upon the provisions of Pennsylvania law (Pa Cons Stat Annot § 2111 [A]), permitting suit against a dissolved corporation only within two years of such dissolution. The same statutory provision has previously been held to be a substantive limitation upon a plaintiff's right to sue, entitled to extraterritorial application by the New York court (Bayer v. Sarot, 51 A.D.2d 366, affd. on opn. below 41 N.Y.2d 1070).

Concur — Kupferman, J.P., Carro, Ellerin, Wallach and Smith, JJ.

Use AI to get other relevant cases.

Comments

MOCK v. SPIVEY COMPANY, INC
(Nov 15, 1990)