Appellate Division of the Supreme Court of New York, 1926

Thomas v. Geyser

Appellate Division of the Supreme Court of New York · Decided May 15, 1926

216 A.D. 849

Opinion of the Court

Order denying motion for judgment dismissing complaint affirmed, with ten dollars costs and disbursements. Whether the Statute of Limitations* is applicable is a question of fact to be determined upon a trial of the action. Kelly, P. J., Jaycox, Manning, Young and Kapper, JJ., concur.

See Civ. Prac. Act, § 50, subd. 1 (malpractice); Rules Civ. Prac. rule 107, subd. 6.— [Rep.

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