Mayer v. Bruns

73 N.Y. St. Rep. 513

Opinion

FITZSIMONS, J.

The order appealed from must be affirmed, -with costs, for the reason stated in the opinion of the special term justice. Besides, it is undisputed that the motion was not made by the plaintiff’s, attorney of record.

All concur.

The following opinion was rendered at special term by Mr. Justice CONLAN:

“The complaint shows on its face that the action was not commenced within six years, and the answer pleads the statute of limitations. I see no reason for bringing in the administrator. Motion denied.”