KLEIN v. PARKE-BERNET GALLERIES, INC.


21 A.D.2d 772 (1964)

Erich Klein, Respondent-Appellant, v. Parke-Bernet Galleries, Inc., Appellant-Respondent

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

June 18, 1964


Order, entered on June 18, 1963, granting plaintiff's motion to strike the defense of the three-year Statute of Limitations as to the first cause of action, denying the motion insofar as the second, third, and fourth causes of action are concerned, and denying defendant's cross motion for summary judgment, unanimously affirmed, without costs to either party.

As a general rule limitations are incidental to the remedy pursued, and the fact that a plaintiff may avail...

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