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BLESSINGTON v. MCCRORY STORES CORP.

305 N.Y. 140 (1953)

Michael Blessington, as Administrator of The Estate of Michael Blessington, Jr., Deceased, Respondent, v. McCrory Stores Corporation, Appellant, et al., Defendants, and M. A. Henry Co., Inc., Defendant and Third-Party Plaintiff. E. I. Du Pont de Nemours & Company, Third-Party Defendant. Michael Blessington, as Administrator of The Estate of Michael Blessington, Jr., Deceased, Appellant, v. McCrory Stores Corporation et al., Respondents, and M. A. Henry Co., Inc., Defendant and Third-Party Plaintiff. E. I. Du Pont de Nemours & Company, Third-Party Defendant.

Court of Appeals of the State of New York.

Decided March 5, 1953

Attorney(s) appearing for the Case

Richards W. Hannah and Alan W. Craig for appellant in first above-entitled action.

Thomas F. Frawley and William M. Blake, Jr., for appellant in second above-entitled action.

Thomas F. Frawley and William M. Blake, Jr., for respondent in first above-entitled action.

Richards W. Hannah and Alan W. Craig for McCrory Stores Corporation, respondent in second above-entitled action.

William F. McNulty and Michael A. Hayes for M. A. Henry Co., Inc., respondent in second above-entitled action.

Patrick E. Gibbons for Woonsocket Falls Mill and others, respondents in second above-entitled action.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DYE, FULD and FROESSEL, JJ., concur.

DESMOND, J.

Plaintiff sues as the administrator of his infant son, who, the complaint alleges, died on March 28, 1945, from burns he suffered on December 27, 1944, when a "cowboy suit" he was wearing came into contact with a flame, and ignited. This action was not commenced until March, 1948, more than three years after the accident, and the questions on this appeal are: Had any applicable Statute of Limitations...

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