Order reversed, without costs; and motion granted, with leave to defendant, if so advised, to replead such counterclaim within 20 days after entry of the order hereon.
In our opinion, the "Fifth" counterclaim as pleaded states a cause of action in conversion; as such it is barred by the three-year Statute of Limitations (CPLR 214, subd. 4; formerly Civ. Prac. Act, §...
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