Wemfle v. Firestone Tire & Rubber Co.
This text of 264 A.D. 980 (Wemfle v. Firestone Tire & Rubber Co.) 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
Appellant has alleged facts in her affidavit which, if sustained, may lead to avoidance of the Statute of Dimitations. Her affidavit should be considered in connection with the complaint. (Rules Civ. Prac. rule 108.) The order should be modified so as to permit her to plead over. Order dismissing the complaint modified so as to permit appellant to serve amended complaint within twenty days after the service of an order herein, and as so modified, affirmed, with ten dollars costs to appellant. Hill, P. J., Heffernan, Schenck and Foster, JJ., concur; Crapser, J., dissents.
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264 A.D. 980, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wemfle-v-firestone-tire-rubber-co-nyappdiv-1942.