TERWILLIGER v. TERWILLIGER


201 Misc. 453 (1951)

Otis Terwilliger, as Administrator of The Estate of Alida Terwilliger, Deceased, Plaintiff, v. Frank V. Terwilliger, Defendant.

Supreme Court, Special Term, Ulster County.

April 25, 1951.


Attorney(s) appearing for the Case

Cook & Cook for defendant.

Napoletano, Kelly & Saccoman for plaintiff.


MacAFFER, J.

The defendant moves to dismiss the complaint under subdivision 9 of rule 107 of the Rules of Civil Practice. The ground there set forth is "that the cause of action did not accrue against the defendant because of his infancy or other disability."

Plaintiff at the outset resists the motion as not being timely brought within the twenty days provided by the rule. The defendant counters with...

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