GILE v. SEARS, ROEBUCK & CO.


281 A.D. 95 (1952)

Marjorie L. Gile, Respondent, v. Sears, Roebuck and Co., Appellant and Third-Party Plaintiff. Joseph Rufo, Third-Party Defendant

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

December 30, 1952.


Attorney(s) appearing for the Case

Livingston S. Latham for appellant and third-party plaintiff.

Warren G. Farrington for respondent.

Hector B. Giacobbe for third-party defendant.

FOSTER, P. J., BREWSTER, BERGAN and HALPERN, JJ., concur.


Per Curiam.

The defendant Sears, Roebuck and Co. appeals from an order which struck from the amended answer of the defendant-appellant the affirmative defense of the three-year Statute of Limitations.

The first cause of action in the amended complaint is in negligence for personal injuries alleged to have been suffered by the plaintiff on or about December 12, 1949, as a result of plaintiff's falling on a loosened...

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