GARFIELD v. LOWY


12 A.D.2d 936 (1961)

Gustave B. Garfield, Respondent, v. Leo L. Lowy et al., Appellants

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

February 6, 1961


Order insofar as appealed from reversed on the law, with $10 costs and disbursements; defendants' motion under rule 112 for judgment on the pleadings dismissing the amended complaint, granted on the ground that the action is barred by the Statute of Limitations; and amended complaint dismissed, with costs.

No questions of fact have been considered. The action is within the purview of subdivision 1 of section 48 of the Civil Practice Act, as one based on a contract...

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