KING v. KING


13 A.D.2d 437 (1961)

Esther King, Appellant, v. Fred King, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 5, 1961.


Attorney(s) appearing for the Case

A. Isadore Eibel for appellant.

Charles E. Kaplan for respondent.

BELDOCK, UGHETTA, KLEINFELD and BRENNAN, JJ., concur.


NOLAN, P. J.

On this appeal, presented on a bill of exceptions as authorized by statute (Civ. Prac. Act, § 575), we are required to determine only one question, namely: whether the plaintiff's cause of action is barred by the three-year Statute of Limitations prescribed in subdivision 7 of section 49 of the Civil Practice Act.

On March 28, 1952, plaintiff wife and defendant husband opened a joint...

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