Appellate Division of the Supreme Court of New York, 1940

Leichtman v. Smith

Leichtman v. Smith
Appellate Division of the Supreme Court of New York · Decided October 11, 1940
260 A.D. 851; 23 N.Y.S.2d 462; 1940 N.Y. App. Div. LEXIS 4997
Leichtman v. Smith

Opinion of the Court

Order unanimously affirmed, with twenty dollars costs and disbursements, with leave to the defendant-appellant to answer within fifteen days after service of order, on payment of said costs. The defendant-appellant may plead the Statute of Limitations in its answer and the question here presented can then be deter-. *852mined after a full investigation of the facts. Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.

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