Barash v. Siler
Opinion of the Court
SUMMARY ORDER
Plaintiff Philip Barash appeals from the decision of the district court (Hurley, J.) granting summary judgment to the defendants, and dismissing Barash’s action to collect on a promissory note executed by the defendants in 1977. The district court found: 1) that the probate exception to diversity jurisdiction applied; and, alternatively 2) that the defendants were not es-topped as a result of fraud or concealment from raising the statute of limitations as a defense, and, that the suit was barred by that statute. We assume that the parties are familiar with the facts, the procedural history, and the scope of the issues presented on appeal. See Barash v. Siler, No. CV-01-7828, slip. op. (E.D.N.Y. Apr. 8, 2004).
Assuming arguendo that diversity jurisdiction was proper, we agree with the district court that the statute of limitations bars this case.
We have considered all of Barash’s arguments and find them to be without merit. We therefore AFFIRM the judgment of the district court.
. Because the question of jurisdiction in this case is one of statutory, rather than constitutional dimensions, we may assume “hypothetical jurisdiction” over the merits of the action. See Fama v. Comm'r of Corr. Servs., 235 F.3d 804, 816 n. 11 (2d Cir. 2000).
. New York Civil Practice Law and Rules § 208 will toll the applicable statute of limitations when a person "entitled to commence an action is under a disability because of ... insanity at the time the cause of action accrues.” In a prior appeal of this case, our court rejected Barash's argument that this statutory provision should apply. See Barash v. Siler, 69 Fed.Appx. 506, 508 (2d Cir. 2003) (summary order).
Reference
- Full Case Name
- Philip BARASH v. Paul SILER, Eric Siler
- Cited By
- 1 case
- Status
- Published