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FEIL v. SENISI

7 N.J. Super. 517 (1950)

72 A.2d 348

ADOLPH FEIL, PLAINTIFF, v. ANTHONY SENISI AND ANGELO SENISI, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided March 13, 1950.

Attorney(s) appearing for the Case

Mr. Samuel A. Gennet, for plaintiff.

Mr. David Green, for defendants (Mr. Harry Rey argued the motion).

WM. J. BRENNAN, JR., J.S.C.

Defendant Angelo Senisi has moved to dismiss the second count of the complaint on the ground plaintiff's claim against him is barred by the statute of limitations, R.S. 2:24-2.

Plaintiff first urges that defendant may not raise this defense by motion but must plead it by way of answer to the complaint, citing Bentley v. Colgate, 10 N.J. Misc. 1222 (Sup. Ct. 1932). This rule of practice has been superseded...

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