PARSELL v. ESSEX


15 Misc.2d 617 (1958)

Philip Parsell, Plaintiff, v. Gerald Essex, Defendant.

Supreme Court, Cattaraugus County.

December 23, 1958.


Attorney(s) appearing for the Case

Wright & Wright for defendant.

Levant M. Himelein, Jr., for plaintiff.


JOSEPH A. NEVINS, J.

This is a motion to strike out the pleading of the Statute of Limitations set up in a reply to a counterclaim. The summons and complaint stating a cause of action in automobile negligence was served on the last day of the time permitted to bring such an action. An answer was later served that interposed a counterclaim for automobile negligence arising out of the same accident stated in the complaint. The time for commencing such an...

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