ARNAUVE v. MARK


39 Misc.2d 472 (1963)

Shlomo Arnauve, Plaintiff, v. Kappel Mark et al., Defendants.

Supreme Court, Special Term, Kings County.

May 29, 1963


Attorney(s) appearing for the Case

Benjamin Weberman for Kappel Mark, defendant. Werner Galleski for plaintiff.


JACOB J. SCHWARTZWALD, J.

Defendant moves to dismiss the second cause of action on the ground that it did not accrue within the time limited by law. The single issue to be determined herein is whether the cause of action is subject to the 10-year Statute of Limitations applicable to actions in equity or the six-year Statute of Limitations applicable to actions for breach of contract.

The second cause of action in substance alleges: Plaintiff and...

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