Heide v. Glidden Buick Corp.
Heide v. Glidden Buick Corp.
188 Misc. 198; 67 N.Y.S.2d 905; 1947 N.Y. Misc. LEXIS 2022
Opinion of the Court
Memorandum The demand which is necessary to start the running of the Statute of Limitations must be made within a reasonable time. Here, as matter of law, the action is barred by the statute. •
The order should be reversed, with $10 costs and motion for summary judgment dismissing the complaint granted.
Shientag and Hecht, JJ., concur; Hammer, J., dissents and ■votes for affirmance on the ground that under the circumstances present the question of whether demand was made within a reasonable time was one of fact to be determined on trial.
Order reversed, etc.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.