BERGSTRESSER v. McCAIG


44 Misc.2d 237 (1964)

James A. Bergstresser, Plaintiff, v. Donald McCaig, Defendant.

Supreme Court, Ontario County.

October 27, 1964


Attorney(s) appearing for the Case

Bond, McDonald & Toole (Albert E. Bond of counsel), for defendant. Arthur A. Arms for plaintiff.


DANIEL J. O'MARA, J.

The above-named defendant moves to dismiss the plaintiff's complaint upon the ground that the action set forth in plaintiff's complaint is barred by virtue of the three-year Statute of Limitations, the said action being founded in negligence.

There is no dispute as to the facts. The action was brought about as a result of an automobile accident on July 22, 1961 in the County of Ontario...

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