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HURLEY v. HURLEY

306 N.Y. 647 (1953)

Edward P. Hurley, Appellant, v. Alfred R. Hurley et al., Respondents, et al., Defendants.

Court of Appeals of the State of New York.

Reargued November 30, 1953.

Decided December 1, 1953

Attorney(s) appearing for the Case

Sidney S. Levine for appellant.

John L. Seymour for respondents.

Concur: LEWIS, Ch. J., DYE, FULD and ADEL, JJ. DESMOND, J., dissents in the following opinion in which CONWAY and FROESSEL, JJ., concur.

Judgment affirmed, with costs; no opinion.

DESMOND, J. (dissenting).

Judgment dismissing the complaint has been granted here, solely on the ground that the action was not brought in time. The ten-year period of limitations (Civ. Prac. Act, § 53) applies, but when did that period start to run against plaintiff?

The transaction as alleged, between plaintiff's father and plaintiff's brother, defendant Alfred R. Hurley, amounted to, or...

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