Hearn 45 St. Corp. v. Jano

Appellate Division of the Supreme Court of New York

Hearn 45 St. Corp. v. Jano

258 A.D. 923, 16 N.Y.S.2d 778, 1939 N.Y. App. Div. LEXIS 7594

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

DecidedDecember 26, 1939

StatusPublished

Cited by1 cases

This text of 258 A.D. 923 (Hearn 45 St. Corp. v. Jano) 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

Hearn 45 St. Corp. v. Jano, 258 A.D. 923, 16 N.Y.S.2d 778, 1939 N.Y. App. Div. LEXIS 7594 (N.Y. Ct. App. 1939).

Pincite

Opinion

Order granting defendants’ motion to dismiss the complaint under rule 107, subdivision 6 of the Rules of Civil Practice, and judgment entered thereon dismissing the complaint, unanimously affirmed, with ten dollars costs and disbursements. The complaint sets up alleged instances of actual fraud occurring more than six years prior to the date of the commencement of the action. Section 48, subdivision 5, of the Civil Practice Act, is a bar. The eases upon which plaintiff relies and which applied section 53 of the Civil Practice Act, concern alleged instances of constructive fraud where the acts of alleged fiduciaries are involved. Present —■ Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ.

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

Order granting defendants’ motion to dismiss the complaint under rule 107, subdivision 6 of the Rules of Civil Practice, and judgment entered thereon dismissing the complaint, unanimously affirmed, with ten dollars costs and disbursements. The complaint sets up alleged instances of actual fraud occurring more than six years prior to the date of the commencement of the action. Section 48, subdivision 5, of the Civil Practice Act, is a bar. The eases upon which plaintiff relies and which applied section 53 of the Civil Practice Act, concern alleged instances of constructive fraud where the acts of alleged fiduciaries are involved. Present —■ Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

258 A.D. 923, 16 N.Y.S.2d 778, 1939 N.Y. App. Div. LEXIS 7594, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hearn-45-st-corp-v-jano-nyappdiv-1939.

Opinion

Related

Cite This Page — Counsel Stack