New York Court of Appeals, 1980

Barnes v. City of New York

New York Court of Appeals · Decided November 11, 1980 · Cooke, Fuchsberg, Gabrielli, Jasen, Jones, Meyer, Wachtler

51 N.Y.2d 906; 415 N.E.2d 979; 434 N.Y.S.2d 991; 1980 N.Y. LEXIS 2751

Cases that cite this one

45 later published cases cite this decision. The 25 that cite it most often are listed here.

Sartor v. Utica Taxi Center, Inc. (District Court, S.D. New York 2003)
Wells Fargo Bank, NA v. Besemer (Appellate Division of the Supreme Court of New York 2015)
Estate of Waterman v. Jones (Appellate Division of the Supreme Court of New York 2007)
Eight Associates v. Hynes (Appellate Terms of the Supreme Court of New York 1983)
O'Heaney v. O'Heaney (Appellate Division of the Supreme Court of New York 1981)
TD Bank, N.A. v. Realty Guardian LLC (New York Supreme Court, Kings County 2025)
TD Bank, N.A. v. PB Sales Inc. (New York Supreme Court, Kings County 2025)
Gravitas Search Partners LLC v. Deutsch (District Court, S.D. New York 2025)
Ramirez v. Escobar (Appellate Division of the Supreme Court of New York 2024)
Bank of N.Y. Mellon Trust Co., N.A. v. Iaboni (Appellate Division of the Supreme Court of New York 2024)
Wilmington Sav. Fund Socy., FSB v. Zabrowsky (Appellate Division of the Supreme Court of New York 2023)
Wells Fargo Bank, N.A. v. Enitan (Appellate Division of the Supreme Court of New York 2021)
Caldera v. RMA Recovery Group LLC (District Court, W.D. Texas 2020)
Board of Mgrs. of 50 W. 127th St. Condominium v. Kidd (Appellate Division of the Supreme Court of New York 2019)
HSBC Mtge. Corp. (USA) v. Hollender (Appellate Division of the Supreme Court of New York 2018)
Borg v. Feeley (Appellate Terms of the Supreme Court of New York 2017)
Allstate Insurance v. Rozenberg (District Court, E.D. New York 2011)
Austin v. Tri-County Memorial Hospital (Appellate Division of the Supreme Court of New York 2007)
Hennessey v. DiCarlo (Appellate Division of the Supreme Court of New York 2005)
Dolan v. Linnen (Civil Court of the City of New York 2003)
Singh v. Gold Coin Laundry Equipment, Inc. (Appellate Division of the Supreme Court of New York 1996)
Mcgreevy v. Simon (Appellate Division of the Supreme Court of New York 1995)
Hardy v. Kaszycki & Sons Contractors, Inc. (District Court, S.D. New York 1993)
Brunson v. Hill (Appellate Division of the Supreme Court of New York 1993)
Bank Leumi Trust Co. v. Katzen (Appellate Division of the Supreme Court of New York 1993)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION OF THE COURT

Memorandum.

The question before the court is whether the Appellate Division erred as a matter of law in finding that the “due diligence” requirement of CPLR 308 (subd 4) had not been met. Expressed another way, the question is whether, on the facts before us, there was demonstrated due diligence as a matter of law.

We note in passing that we do not construe the determination at the Appellate Division as having laid down any hard rule of law. Indeed, in determining the question of whether due diligence has been exercised, no rigid rule could properly be prescribed. Viewing this case on its facts, we conclude there was no error of law, and the order should be affirmed, with costs, and the certified question answered in the affirmative.

*908Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed, with costs, and question certified answered in the affirmative in a memorandum.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.