TAMBURELLO v. MOONEY


51 Misc.2d 1093 (1966)

Paul A. Tamburello, as Administrator of The Estate of David M. Clark, Deceased, Plaintiff, v. Franklyn C. Mooney, Jr., Defendant.

Supreme Court, Special Term, Albany County.

November 7, 1966


Attorney(s) appearing for the Case

Sanford Rosenblum for plaintiff. Carter & Conboy (Alfred C. Saunders of counsel), for defendant.


LAWRENCE H. COOKE, J.

In this negligence action to recover for personal injuries sustained by plaintiff's intestate during life-time, plaintiff moves to dismiss the affirmative defense asserted in defendant's answer that the intestate "was involved in an accident on March 29, 1963 and died on said date and the within action is barred by the Statute of Limitations as the action was not commenced until March 26, 1966, more than one (1) year after his death...

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