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

Appellate Division of the Supreme Court of the State of New York·Decided July 11, 1967·Published

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.

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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.

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).

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28 A.D.2d 837 (30-12 Lewmay Corp. v. Public Mutual Insurance) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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