Vose v. Kuhn

45 Misc. 455, 92 N.Y.S. 34

Opinion

Gaynor, J.:

The judgment sued upon was entered June 27th, 1884. The summons in the present action was delivered to the sheriff for service on June 27th, 1904. That the day before was Sunday makes no difference. The action was not begun “ within ” twenty years. When years are reckoned the first day is included (Aultman & Taylor Co. v. Syme, 163 N. Y. 54; People v. Luther, 1 Wend. 42; Porter v. Pierce, 120 N. Y. 221).

Judgment for the defendant.