REUTEMANN v. COSMOPOLITAN TOURIST CO., INC.


279 A.D. 581 (1951)

William Reutemann, Respondent, v. Cosmopolitan Tourist Co., Inc., Appellant

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

October 30, 1951.


Order permitting an amendment to the complaint affirmed, with $20 costs and disbursements to the respondent, with leave to the defendant to plead the Statute of Limitations.

It was held in Harriss v. Tams (258 N.Y. 229) that a complaint may be amended so as to introduce therein even a cause of action barred by the Statute of Limitations, but in such case the defendant cannot be deprived of that defense. The difference between such a procedure and dismissal...

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