30-12 Lewmay Corp. v. Public Mutual Insurance

Appellate Division of the Supreme Court of New York

30-12 Lewmay Corp. v. Public Mutual Insurance

28 A.D.2d 837, 281 N.Y.S.2d 373, 1967 N.Y. App. Div. LEXIS 3459

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 11, 1967

StatusPublished

This text of 28 A.D.2d 837 (30-12 Lewmay Corp. v. Public Mutual Insurance) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

30-12 Lewmay Corp. v. Public Mutual Insurance, 28 A.D.2d 837, 281 N.Y.S.2d 373, 1967 N.Y. App. Div. LEXIS 3459 (N.Y. Ct. App. 1967).

Pincite

Opinions

Memorandum by the Court. Orders, entered November 21, 1966, denying defendant’s motion to dismiss the complaint on the ground that the action is barred by the Statute of Limitations, modified, on the law and the facts, to the exitent of requiring a separate and prior trial of the issue of the Statute of Limitations, and otherwise affirmed, with $50 costs and disbursements to respondents. ' ■

[838]*838On this record we do not feel that appellant is entitled to judgment as a matter of law, nor can we say that it was an abuse of discretion to compel it to assert its claim as an affirmative defense.

Free access — add to your briefcase to read the full text and ask questions with AI

Memorandum by the Court. Orders, entered November 21, 1966, denying defendant’s motion to dismiss the complaint on the ground that the action is barred by the Statute of Limitations, modified, on the law and the facts, to the exitent of requiring a separate and prior trial of the issue of the Statute of Limitations, and otherwise affirmed, with $50 costs and disbursements to respondents. ' ■

[838]*838On this record we do not feel that appellant is entitled to judgment as a matter of law, nor can we say that it was an abuse of discretion to compel it to assert its claim as an affirmative defense.

Cite This Page — Counsel Stack

Bluebook (online)

28 A.D.2d 837, 281 N.Y.S.2d 373, 1967 N.Y. App. Div. LEXIS 3459, Counsel Stack Legal Research, https://law.counselstack.com/opinion/30-12-lewmay-corp-v-public-mutual-insurance-nyappdiv-1967.

Opinions

Related

Cite This Page — Counsel Stack