Holly v. Healy

Appellate Terms of the Supreme Court of New York

Holly v. Healy

119 N.Y.S. 1129

Appellate Terms of the Supreme Court of New York·Decided November 12, 1909·Published

Opinion

PER CURIAM.

The answer of the defendant, attempting to plead the statute of limitations, is fatally defective, in that it fails to allege that six years had elapsed prior to the commencement of the action and since the cause of action accrued. It was not, therefore, available to the defendant as a defense, and the dismissal of the plaintiff’s complaint was error. Judgment reversed, and new trial ordered, with costs to appellant to abide the event.

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PER CURIAM.

The answer of the defendant, attempting to plead the statute of limitations, is fatally defective, in that it fails to allege that six years had elapsed prior to the commencement of the action and since the cause of action accrued. It was not, therefore, available to the defendant as a defense, and the dismissal of the plaintiff’s complaint was error. Judgment reversed, and new trial ordered, with costs to appellant to abide the event.

Holly v. Healy, 119 N.Y.S. 1129 (N.Y. Ct. App. 1909).

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