United States Second Circuit
Reliance Ins. Co. v. Polyvision Corp., 06-1717
Dismissal on ground that plaintiff's claims against defendant were time-barred raises undecided question of New York law which is certified to the New York Court of Appeals as follows: Does New York CPLR section 205(a) allow a corporation to refile an action within six months when a previous, timely-filed action has mistakenly been commenced in the name of a different, related corporate entity, and has been dismissed for naming the wrong plaintiff?
Appellate Information
- Decided 01/17/2007
- Published 01/18/2007
Judges
- WINTER, Circuit Judge:, Before: WINTER, CABRANES, and POOLER, Circuit Judges.
Court
- United States Second Circuit
Counsel
- For Appellant:
- Gary A. Wilson (John W. Dornberger on the brief), Post & Shell, P.C., Philadelphia, PA, for Plaintiff-Appellant.
- For Appellees:
- Michael C. Modansky, Bivona & Cohen, P.C., New York, N.Y. (James A. Gallagher, Jr., Gallagher Gosseen Faller & Crowley, Garden City, NY, on the brief), for Defendant-Third-Party-Plaintiff-Appellee., Steven E. Garry, Costello Shea & Gaffney LLP, New York, NY, for Third-Party-Defendant-Appellee.