VON HOFMANNSTHAL v. WOLFE


276 A.D. 223 (1949)

Emilio Von Hofmannsthal, Respondent, v. Bruno Wolfe, Appellant

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

December 20, 1949.


Attorney(s) appearing for the Case

Lincoln Orens for appellant.

Benjamin Busch of counsel (Otto C. Sommerich with him on the brief; Katz & Sommerich, attorneys), for respondent.

PECK, P. J., GLENNON, DORE and VAN VOORHIS, JJ., concur.


SHIENTAG, J.

The narrow question presented on this appeal is whether the cause of action is barred by the New York six-year Statute of Limitations. That depends upon the interpretation to be placed upon the tolling provisions of section 13 of the Civil Practice Act, as amended in 1948 and 1949. The learned court at Special Term held that the New York Statute of Limitations was not a bar and it denied the defendant's

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