SICOLO v. PRUDENTIAL SAV. BANK


5 N.Y.2d 254 (1959)

Louis Sicolo, Appellant, v. Prudential Savings Bank of Brooklyn, N. Y., Respondent.

Court of Appeals of the State of New York.

Decided March 5, 1959.


Attorney(s) appearing for the Case

Donald S. Sherwood and Jerome Golenbock for appellant.

Harold M. Harkavy and Frederick M. Garfield for respondent.

Chief Judge CONWAY and Judges DYE, FULD, FROESSEL, VAN VOORHIS and BURKE concur.


DESMOND, J.

The principal law question on this appeal — and the only one we need answer — is as to whether the cause of action under section 205-a of the General Municipal Law set forth in the amended complaint is one for a penalty and so barred by the three-year limitation prescribed by subdivision 3 of section 49 of the Civil Practice Act. Plaintiff argues that in his amended complaint he does...

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