New York Court of Appeals

United States Fidelity and Guaranty Company, Appellant v. E. W. Smith Co., Respondent

February 22, 197946 N.Y.2d 498

Summary

The New York Court of Appeals reversed the lower courts' dismissals, holding that the statute of limitations was tolled under CPLR 207 until the defendant registered to do business in New York, that the CPLR 202 resident exception applied to the subrogee, and that CPLR 205 did not bar the action, thus the complaint was timely.