DONOHUE v. FIRST TRUST CO. OF ALBANY


286 A.D. 918 (1955)

Katherine A. Donohue, Individually and as Executrix of Francis E. Donohue, Deceased, Respondent, v. First Trust Company of Albany, Appellant

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

June 16, 1955.


The court at Special Term has granted the defendant's motion to dismiss the complaint on the ground the Statute of Limitations has run upon the cause of action pleaded so far as that cause could be ascertained from the complaint and papers before the court. It allowed plaintiff to plead over. In the course of expressing the reasons for the exercise of the discretion to allow a new pleading the court examined the possibilities for a cause of action against which limitations...

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