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BRADY v. RUDIN MGMT. CO.

13 A.D.2d 80 (1961)

Leona H. Brady, Respondent, v. Rudin Management Co., Inc., et al., Defendants, and 65 Central Park West Corporation, Appellant

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

April 11, 1961.

Attorney(s) appearing for the Case

Patrick E. Gibbons of counsel (Galli, Terhune, Gibbons & Mulvehill, attorneys), for appellant.

Harry I. Stein of counsel (Morris H. Bergreen, attorney), for respondent.

STEVENS, J., concurs with McNALLY, J.; BREITEL, J. P., concurs in result in opinion; EAGER, J., dissents in opinion, in which STEUER, J., concurs.

McNALLY, J.

The question presented is whether this action is one for a personal injury resulting from negligence barred by the three-year Statute of Limitations (Civ. Prac. Act, § 49, subd. 6), or one upon a liability created by statute governed by the six-year Statute of Limitations (Civ. Prac. Act, § 48, subd. 2).

The complaint alleges the failure on the part of the defendant-appellant, owner...

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