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Clark v. New York Telephone Company

Court of Appeals of the State of New York
May 3, 1977
364 N.E.2d 841 (N.Y. 1977)

Opinion

Argued March 23, 1977

Decided May 3, 1977

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, LEO F. HAYES, J.

Bert B. Lockwood for appellant.

Robert J. Lutz for respondent.


MEMORANDUM. We agree that plaintiff has failed to state any cause of action that is not barred by the Statute of Limitations. Without intending to suggest any retreat from acceptance of the existence of a cause of action, in proper circumstances, for intentional injury without lawful excuse or justification (see Board of Educ. v Farmingdale Classroom Teachers Assn., Local 1889, AFT AFL-CIO, 38 N.Y.2d 397, 405-406; Morrison v National Broadcasting Co., 24 A.D.2d 284, revd on other grounds 19 N.Y.2d 453), we hold that the action falls properly under CPLR 215 (subd 3) (cf. Morrison v National Broadcasting Co., 19 N.Y.2d 453, 459, supra). As such, the cause is barred. Accordingly, for the reasons stated, as well as those enunciated by the Appellate Division, the order of that court should be affirmed, with costs.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, WACHTLER, FUCHSBERG and COOKE concur in memorandum; Judge JONES taking no part.

Order affirmed.


Summaries of

Clark v. New York Telephone Company

Court of Appeals of the State of New York
May 3, 1977
364 N.E.2d 841 (N.Y. 1977)
Case details for

Clark v. New York Telephone Company

Case Details

Full title:JOHN W. CLARK, Appellant, v. NEW YORK TELEPHONE COMPANY, Respondent

Court:Court of Appeals of the State of New York

Date published: May 3, 1977

Citations

364 N.E.2d 841 (N.Y. 1977)
364 N.E.2d 841
396 N.Y.S.2d 177

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