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WRIGHT v. DEFELICE & SON

40 Misc.2d 642 (1963)

James Wright, Plaintiff, v. L. G. Defelice & Son, Inc., et al., Defendants.

Supreme Court, Westchester County.

October 10, 1963

Attorney(s) appearing for the Case

Vincent Gurahian for defendants. Morton M. Berger for plaintiff.

JOHN J. DILLON, J.

The defendants seek a dismissal on the ground that the action is barred by the Statute of Limitations (CPLR, rule 3211, subd. [a], par. 5), and the plaintiff seeks a dismissal of the affirmative defense of the Statute of Limitations. The event giving rise to this action occurred on July 26, 1955, and on January 22, 1963, this action appeared on the Day Calendar and was marked peremptorily...

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