New York Court of Appeals

David H. Gaines, Appellant v. the City of New York, Respondent

July 13, 1915215 N.Y. 533

Summary

The Court held that the statute of limitations did not bar the plaintiff's negligence action because the earlier suit dismissed for lack of jurisdiction suspended the limitations period, and that the City of New York was not liable because its alleged failure to light the bridge was not the proximate cause of the accident. Accordingly, the judgment of the Appellate Division was affirmed.