Appellate Division of the Supreme Court of New York, 1950

Sakin v. London, New York, Shanghai Trading Corp.

Sakin v. London, New York, Shanghai Trading Corp.
Appellate Division of the Supreme Court of New York · Decided October 24, 1950
277 A.D.2d 977
Sakin v. London, New York, Shanghai Trading Corp.

Opinion of the Court

The provisions of the Trading with the Enemy Act, as amended (U. S. Code, tit. 50, Appendix, § 1 et seq.), constituted a bar to the maintenance of the action while plaintiff was a resident of enemy-occupied territory. As a consequence the Statute of Limitations was tolled during that period (Civ. Prac. Act, §§ 24, 27, 28-a). Accordingly, the judgment and orders appealed from are unanimously reversed, with costs to the appellant, and plaintiff’s application for leave to serve an amended complaint is granted. Settle order on notice. Present — Glennon, J. P., Dore, Cohn, Callahan and Van Voorhis, JJ.

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