Matter of Libra v. Univ. of the State of New York, 509 N.E.2d 350 (N.Y. 1987). · Go Syfert
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Matter of Libra v. Univ. of the State of New York, 509 N.E.2d 350 (N.Y. 1987). Cases Citing This Book View Copy Cite
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cited 2× by 1 distinct case · …must prepay the disputed tax, including interest and penalties, before their actions may be maintained at p. 936 ⚠ not in text
cited 2× by 2 distinct cases, last quoted 1999 · …right to seek relief is specifically conditioned upon compliance with a particular time requirement rather than, or in addition to, a statute of limitations ⚠ not in text
21 citation events (12 in the last 25 years) across 4 distinct courts.
Strongest positive: Armstead v. New York City Health & Hosps. Corp. (nysupctkings, 2024-07-30)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) Armstead v. New York City Health & Hosps. Corp.
N.Y. Sup. Kings · 2024 · confidence medium
Sinai Hosp., 47 NY2d 170, 175 [1979])." "The statute by its very terms comes into operation in instances where a proceeding has been terminated for some fatal flaw unrelated to the merits of the underlying claim . . . and it is to be liberally construed" ( Morris, 69 NY2d, at 936) ( U.S. Bank N.A., 33 NY3d, at 78.)" The liberal construction afforded in U.S. Bank N.A. was in regard to what qualifies as a "non-merits dismissal" of the prior action under CPLR 205 (a).
examined Cited as authority (rule) U.S. Bank National Association v. DLJ Mortgage Capital (3×) also: Cited "see, e.g."
NY · 2019 · confidence medium
“The statute by its very terms comes into operation in instances where a proceeding has been terminated for some fatal flaw unrelated to the merits of the underlying claim . . . and it is to be liberally construed” (Morris, 69 NY2d at 936).
discussed Cited as authority (rule) Ace Sec. Corp. v. DB Structured Prods., Inc. (2×)
N.Y. Sup. Ct. · 2016 · confidence medium
The proceeding was commenced on the last day of the statute of limitations, but the provision was not complied with until after the statute of limitations. ( Id. at 935.) The court reasoned that the proceeding was " timely commenced' . . . within the meaning of CPLR 205(a)" because the first suit was "actually commenced'" by service of process within the limitations period pursuant to CPLR 304. ( Id. at 936.) The Court also rejected the claim that the failure to make the deposit or post the undertaking within the statute of limitations was "a condition precedent that nullifies the underlying r…
discussed Cited "see" Matter of DeVera v. Elia
N.Y. App. Div. · 2017 · signal: see · confidence high
Banking Dept., 95 AD3d 1410, 1413 [2012]; Matter of Millpond Mgt., Inc., v Town of Ulster Zoning Bd. of Appeals, 42 AD3d 804, 806 [2007]; see generally Matter of Libra v University of State of N.Y., 124 AD2d 939, 940 [1986], appeal dismissed 69 NY2d 933 [1987], lv denied 70 NY2d 603 [1987]).
Retrieving the full opinion text from the archive…
In the Matter of Joseph J. Libra, Appellant,
v.
University of the State of New York Et Al., Respondents
New York Court of Appeals.
Apr 28, 1987.
509 N.E.2d 350
1987 N.Y. LEXIS 16462
Published

Appeal dismissed, without costs, by the Court of Appeals sua sponte, upon the ground that it does not lie as of right from the unanimous order of the Appellate Division absent direct involvement of a substantial constitutional question, and upon the further ground that the order appealed from does not finally determine the proceeding within the meaning of the Constitution.