Heide v. Glidden Buick Corp.
This text of 188 Misc. 198 (Heide v. Glidden Buick Corp.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Memorandum The demand which is necessary to start the running of the Statute of Limitations must be made within a reasonable time. Here, as matter of law, the action is barred by the statute. •
The order should be reversed, with $10 costs and motion for summary judgment dismissing the complaint granted.
Shientag and Hecht, JJ., concur; Hammer, J., dissents and ■votes for affirmance on the ground that under the circumstances present the question of whether demand was made within a reasonable time was one of fact to be determined on trial.
Order reversed, etc.
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Cite This Page — Counsel Stack
188 Misc. 198, 67 N.Y.S.2d 905, 1947 N.Y. Misc. LEXIS 2022, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heide-v-glidden-buick-corp-nyappterm-1947.