GARBER v. GARBER


3 Misc.2d 855 (1955)

George Garber et al., Plaintiffs, v. Lillian Garber et al., Defendants.

Supreme Court, Special Term, New York County.

December 1, 1955.


Attorney(s) appearing for the Case

Abraham M. Zaller for plaintiffs.

Harry Lewis for defendants.


MORRIS EDER, J.

This is a motion by the plaintiffs under rule 110 of the Rules of Civil Practice to dismiss the third counterclaim. Under subdivision 6 of the rule the plaintiffs move on the ground that the claim is barred by the Statute of Limitations (Civ. Prac. Act, § 53) as having accrued more than 10 years before the assertion of the counterclaim; and under subdivision 8, that the claim is unenforceable...

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