PETERS v. POWELL


22 Misc.2d 509 (1960)

Stephanie G. Peters, as Administratrix of The Estate of Felicia L. Peters, Deceased, Plaintiff, v. Thomas D. Powell et al., Defendants.

Supreme Court, Erie County.

February 4, 1960.


Attorney(s) appearing for the Case

Cohen, Lombardo, Maisel, Blewett & Fisher for plaintiff.

Tillou & Johnson for Andrew J. Russ, defendant.

Merrill G. Windelberg for Thomas D. Powell, defendant.


MATTHEW J. JASEN, J.

This is a motion under rule 109 of the Rules of Civil Practice to strike out the defense contained in paragraph fourth of the answer on the ground that the same is insufficient in law. Said paragraph fourth alleged that the complaint was outlawed by reason of the Statute of Limitations as set forth in subdivision 1 of section 50 of the Civil Practice Act in that plaintiff's complaint was not served within two years of the date of...

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