Herold v. Wills

Appellate Division of the Supreme Court of New York

Herold v. Wills

282 A.D. 670, 122 N.Y.S.2d 117, 1953 N.Y. App. Div. LEXIS 4624

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

DecidedJune 16, 1953

StatusPublished

This text of 282 A.D. 670 (Herold v. Wills) 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

Herold v. Wills, 282 A.D. 670, 122 N.Y.S.2d 117, 1953 N.Y. App. Div. LEXIS 4624 (N.Y. Ct. App. 1953).

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Opinion

We agree with Special Term that the first cause of action herein referrable to the original complaint is not barred by the Statute of Limitations. We think that the pleading of the second cause of action should have been permitted, subject to any motion defendant may see fit to make with respect thereto. Order unanimously modified to eliminate the provision striking out the second cause of action and, as so modified, affirmed. Order [denying motion to include second cause of action in complaint] unanimously reversed and the motion granted. Settle orders on notice. Present — Peck, P. J., Glennon, Cohn, Callahan and Breitel, JJ. [See post, p. 835.]

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We agree with Special Term that the first cause of action herein referrable to the original complaint is not barred by the Statute of Limitations. We think that the pleading of the second cause of action should have been permitted, subject to any motion defendant may see fit to make with respect thereto. Order unanimously modified to eliminate the provision striking out the second cause of action and, as so modified, affirmed. Order [denying motion to include second cause of action in complaint] unanimously reversed and the motion granted. Settle orders on notice. Present — Peck, P. J., Glennon, Cohn, Callahan and Breitel, JJ. [See post, p. 835.]

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Bluebook (online)

282 A.D. 670, 122 N.Y.S.2d 117, 1953 N.Y. App. Div. LEXIS 4624, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herold-v-wills-nyappdiv-1953.