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JACOBS v. HOCHSTADT

23 Misc.2d 803 (1960)

Morris A. Jacobs, as Commissioner of Hospitals of the City of New York, Plaintiff, v. Pearl Hochstadt et al., Defendants.

Supreme Court, Special Term, New York County.

February 24, 1960.

Attorney(s) appearing for the Case

Gaines & Gutterman (Lewis G. Gaines and Marvin R. Javitz of counsel), for Henry Schwartzberg, defendant.

Charles H. Tenney, Corporation Counsel (Morris B. Asbel of counsel), for plaintiff.

VINCENT A. LUPIANO, J.

The defendant Henry Schwartzberg, a distributee of the estate of the late Philip Schwartzberg, husband of a recipient of public assistance during his (Philip Schwartzberg's) life, has moved to dismiss the complaint against him on the ground that the cause of action herein is barred by the Statute of Limitations. This action has been brought pursuant to section 170 and succeeding sections...

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