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CURTISS-WRIGHT CORP. v. INTERCONTINENT CORP.

277 A.D. 13 (1950)

Curtiss-Wright Corporation, Appellant, v. Intercontinent Corporation, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

May 23, 1950.

Attorney(s) appearing for the Case

James H. Halpin of counsel (John J. Sullivan with him on the brief; Spence, Hotchkiss, Parker & Duryee, attorneys), for appellant.

Leonard P. Moore of counsel (Gordon W. Bickert and Edward R. Neaher with him on the brief; Chadbourne, Wallace, Parke & Whiteside, attorneys), for respondent.

PECK, P. J., DORE and CALLAHAN, JJ., concur with SHIENTAG, J.; VAN VOORHIS, J., concurs in separate opinion.

SHIENTAG, J.

The questions raised on this appeal are: (1) whether there was an acknowledgment or promise in writing signed by the party to be charged therewith sufficient to start anew the running of the Statute of Limitations insofar as it relates to the first cause of action, and (2) whether the Statute of Limitations was tolled as to all the causes of action because of the defendant's absence from the State...

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