defendant of the statutory bar (New York) · Go Syfert
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defendant of the statutory bar in New York

7 New York opinions name it 4 courts 1950–2026 1 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Chase Securities Corp. v. Donaldsongreen
scotus · 1945 · cited in 7 New York opinions naming this issue, 1950–2026
2 sentences

2026Corp. v Donaldson , 325 US 304, 311-312 [1945] ["where lapse of time has not invested a party with title to real or personal property, a state legislature, consistently with the Fourteenth Amendment, may repeal or extend a statute of limitations, even after right of action is barred thereby, restore to the plaintiff his remedy, and divest the defendant of the statutory bar"]; Campbell v Holt , 115 US 620, 629 [1885] ["We are unable to see how a man can be said to have property in the bar of the statute"]; Tanges v Heidelberg N. Am. , 93 NY2d 48, 55 [1999] ["The expiration of the time period pr

2017The United States Supreme Court articulated the rule in Chase Securities Corp. v. Donaldson: **559 "[W]here lapse of time has not invested a party with title to real or personal property, a state legislature, consistently with the Fourteenth Amendment, may repeal or extend a statute of limitations, even after right of action is barred thereby, restore to the plaintiff his remedy, and divest the defendant of the statutory bar" ( 325 U.S. 304 , 311-312, 65 S.Ct. 1137 , 89 L.Ed. 1628 [1945] ).

27
Campbell v. Holtgreen
scotus · 1885 · cited in 4 New York opinions naming this issue, 1950–2026
2 sentences

2026Corp. v Donaldson , 325 US 304, 311-312 [1945] ["where lapse of time has not invested a party with title to real or personal property, a state legislature, consistently with the Fourteenth Amendment, may repeal or extend a statute of limitations, even after right of action is barred thereby, restore to the plaintiff his remedy, and divest the defendant of the statutory bar"]; Campbell v Holt , 115 US 620, 629 [1885] ["We are unable to see how a man can be said to have property in the bar of the statute"]; Tanges v Heidelberg N. Am. , 93 NY2d 48, 55 [1999] ["The expiration of the time period pr

1966The proviso was added to meet the constitutional test first stated in Campbell v. Holt ( 115 U. S. 620 ), and which was recently reaffirmed and explained by the Supreme Court of the United States in Chase Securities Corp. v. Donaldson ( 325 U. S. 304, 311-312 ) as follows: ‘ In Campbell v. Holt, supra, this Court held that where lapse of time has not invested a party with title to real or personal property, a state legislature, consistently with the Fourteenth Amendment, may repeal or extend a statute of limitations, even after right of action is barred thereby, restore to the plaintiff his re

14
Faltynowicz v. Battery Park City Auth. (In re World Trade Ctr. Lower Manhattan Disaster Site Litig.)green
ny · 2017 · cited in 1 New York opinions naming this issue, 2026–2026
1 sentence

2026Lower Manhattan Disaster Site Litig ., 30 NY3d 377, 406 [2017] [Rivera, J., concurring] [there is no "separate vested property right" under the Due Process Clause of the Fourteenth Amendment or New York's more expansive Due Process Clause based on "the hope of avoiding litigation," considering that a defendant "has no fundamental right to a statute of limitations in perpetuity"]).

11
Tanges v. Heidelberg North America, Inc.green
ny · 1999 · cited in 1 New York opinions naming this issue, 2026–2026
1 sentence

2026Corp. v Donaldson , 325 US 304, 311-312 [1945] ["where lapse of time has not invested a party with title to real or personal property, a state legislature, consistently with the Fourteenth Amendment, may repeal or extend a statute of limitations, even after right of action is barred thereby, restore to the plaintiff his remedy, and divest the defendant of the statutory bar"]; Campbell v Holt , 115 US 620, 629 [1885] ["We are unable to see how a man can be said to have property in the bar of the statute"]; Tanges v Heidelberg N. Am. , 93 NY2d 48, 55 [1999] ["The expiration of the time period pr

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Gallewski v. H. Hentz & Co. green
ny · 1950
1 sentence

1979The question is sui generis and it is of course the courts which have the ultimate say on reasonableness.” In Gallewski v Hentz & Co. ( 301 NY 164, 171 ), the court, quoting Chase Securities Corp. v Donaldson ( 325 US 304, 311-312 ), said that " 'where lapse of time has not invested a party with title to real or personal property, a state legislature, consistently with the Fourteenth Amendment, may repeal or extend a statute of limitations, even after right of action is barred thereby, restore to the plaintiff his remedy, and divest the defendant of the statutory bar’ The court in Gallewski al

11979–1979
Robinson v. . Robins Dry Dock Repair Co. green
ny · 1924
1 sentence

1966This has long stood as a statement of the law of the Fourteenth Amendment * * *.’ ” (Italics supplied.) Again, at page 174, in quoting with approval from another leading case of Robinson v. Robins Dry Dock & Repair Co. ( 238 N. Y. 271 ) stated: “ All the cases including Campbell v. Holt (supra) recognized that in some cases the right to interpose a bar to a right of action constitutes in effect a property right which the Legislature may not take away, but at the other extreme are cases where both instinct and reason revolt at the proposition that redress for a wrong must be denied because the

11966–1966
Jackson v. State of New York green
ny · 1933
1 sentence

1966This has long stood as a statement of the law of the Fourteenth Amendment * * *.’ ” (Italics supplied.) Again, at page 174, in quoting with approval from another leading case of Robinson v. Robins Dry Dock & Repair Co. ( 238 N. Y. 271 ) stated: “ All the cases including Campbell v. Holt (supra) recognized that in some cases the right to interpose a bar to a right of action constitutes in effect a property right which the Legislature may not take away, but at the other extreme are cases where both instinct and reason revolt at the proposition that redress for a wrong must be denied because the

11966–1966

Where else courts name it

NY 7 (1950–2026) MI 3 (2011–2011) OH 2 (2025–2026) LA 2 (1984–1985)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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