Heide v. Glidden Buick Corp.

Court: Appellate Terms of the Supreme Court of New York
Date filed: 1947-01-02
Citations: 188 Misc. 198, 67 N.Y.S.2d 905, 1947 N.Y. Misc. LEXIS 2022
Copy Citations
4 Citing Cases
Lead Opinion
Per Curiam.

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.