Pitrelli v. Cohen
This text of 257 A.D. 845 (Pitrelli v. Cohen) 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.
Opinion
Order granting plaintiffs’ motion to strike out the defense of the Statute of Limitations contained in paragraph “ Ninth ” of appellants’ answer reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. The disability afforded an infant by section 60 of the Civil Practice Act does not inure to the parent’s cause of action for loss of services and medical expenses. The father’s action, not having been instituted within the statutory period, is barred and it was error to strike out the separate defense contained in appellants’ answer. Lazansky, P. J., Johnston, Adel, Taylor and Close, JJ., concur. [169 Misc. 117.]
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Cite This Page — Counsel Stack
257 A.D. 845, 12 N.Y.S.2d 71, 1939 N.Y. App. Div. LEXIS 8124, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pitrelli-v-cohen-nyappdiv-1939.