Liberman v. Zeigen

Appellate Division of the Supreme Court of New York

Liberman v. Zeigen

258 A.D. 893, 16 N.Y.S.2d 151, 1939 N.Y. App. Div. LEXIS 7471

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

DecidedDecember 4, 1939

StatusPublished

Cited by1 cases

This text of 258 A.D. 893 (Liberman v. Zeigen) 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

Liberman v. Zeigen, 258 A.D. 893, 16 N.Y.S.2d 151, 1939 N.Y. App. Div. LEXIS 7471 (N.Y. Ct. App. 1939).

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Opinion

Action for money had and received. Defendants moved [894]*894under rule 107, subdivision 6, of the Rules of Civil Practice, to dismiss the complaint on the ground that the cause of action did not accrue within the time limited by law for the commencement of an action thereon. The motion was granted as to the defendant Bessie Zeigen but denied as to the defendant Samuel L. Zeigen, and the latter appeals. In our opinion the issues raised by appellant cannot be determined upon affidavits but must await the trial. Resettled order, in so far as appealed from, affirmed, with ten dollars costs and disbursements, with leave to appellant to answer within ten days from the entry of the order hereon. Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ., concur.

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Action for money had and received. Defendants moved [894]*894under rule 107, subdivision 6, of the Rules of Civil Practice, to dismiss the complaint on the ground that the cause of action did not accrue within the time limited by law for the commencement of an action thereon. The motion was granted as to the defendant Bessie Zeigen but denied as to the defendant Samuel L. Zeigen, and the latter appeals. In our opinion the issues raised by appellant cannot be determined upon affidavits but must await the trial. Resettled order, in so far as appealed from, affirmed, with ten dollars costs and disbursements, with leave to appellant to answer within ten days from the entry of the order hereon. Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ., concur.

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Bluebook (online)

258 A.D. 893, 16 N.Y.S.2d 151, 1939 N.Y. App. Div. LEXIS 7471, Counsel Stack Legal Research, https://law.counselstack.com/opinion/liberman-v-zeigen-nyappdiv-1939.

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