Einhorn v. Einhorn

Appellate Division of the Supreme Court of New York

Einhorn v. Einhorn

20 A.D.2d 914, 249 N.Y.S.2d 439, 1964 N.Y. App. Div. LEXIS 4000

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

DecidedApril 20, 1964

StatusPublished

Cited by3 cases

This text of 20 A.D.2d 914 (Einhorn v. Einhorn) 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

Einhorn v. Einhorn, 20 A.D.2d 914, 249 N.Y.S.2d 439, 1964 N.Y. App. Div. LEXIS 4000 (N.Y. Ct. App. 1964).

Pincite

Opinion

In an action by a husband against his wife to recover moneys withdrawn from a joint bank account, in which the wife interposed, inter alia, a " Fifth ” counterclaim to recover the value of certain United States Savings Bonds, the plaintiff appeals from a resettled order of the Supreme Court, Queens County, dated October 23, 1962, which denied his motion to dismiss such counterclaim as barred by the Statute of Limitations. Order reversed, without costs; and motion granted, with leave to defendant, if so advised, to replead such counterclaim within 20 days after entry of the order hereon. In our opinion, the "Fifth” counterclaim as pleaded states a cause of action in conversion; as such it is barred by the three-year' Statute of Limitations (CPLR 214, subd. 4; formerly Civ. Prac. Act, § 49, subd. 7). Ughetta, Acting P. J., Christ, Brennan, Hill and Hopkins, JJ., concur. [36 Misc 2d 83.]

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

In an action by a husband against his wife to recover moneys withdrawn from a joint bank account, in which the wife interposed, inter alia, a " Fifth ” counterclaim to recover the value of certain United States Savings Bonds, the plaintiff appeals from a resettled order of the Supreme Court, Queens County, dated October 23, 1962, which denied his motion to dismiss such counterclaim as barred by the Statute of Limitations. Order reversed, without costs; and motion granted, with leave to defendant, if so advised, to replead such counterclaim within 20 days after entry of the order hereon. In our opinion, the "Fifth” counterclaim as pleaded states a cause of action in conversion; as such it is barred by the three-year' Statute of Limitations (CPLR 214, subd. 4; formerly Civ. Prac. Act, § 49, subd. 7). Ughetta, Acting P. J., Christ, Brennan, Hill and Hopkins, JJ., concur. [36 Misc 2d 83.]

Cite This Page — Counsel Stack

Bluebook (online)

20 A.D.2d 914, 249 N.Y.S.2d 439, 1964 N.Y. App. Div. LEXIS 4000, Counsel Stack Legal Research, https://law.counselstack.com/opinion/einhorn-v-einhorn-nyappdiv-1964.

Opinion

Related

Cite This Page — Counsel Stack