McAVOY v. HARRON


26 A.D.2d 452 (1966)

Eleanor K. McAvoy, as Executrix of Arthur T. McAvoy, Deceased, Appellant, v. Hal I. Young Harron, Respondent

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

December 8, 1966.


Attorney(s) appearing for the Case

Bonney & Nicit (J. J. Nicit of counsel), for appellant.

Chamberlain, D'Amanda, Bauman, Chatham & Oppenheimer (Arthur VD. Chamberlain of counsel), for respondent.

BASTOW, J. P., GOLDMAN, DEL VECCHIO and MARSH, JJ., concur.


HENRY, J.

The trial court erred in dismissing plaintiff's complaint on the ground that the action is barred by the six-year Statute of Limitations. Although the action was not commenced within six years after it accrued, the running of the statute was tolled by defendant's absence from the State. (Civ. Prac. Act, § 19; CPLR 207.) He was a nonresident when the action accrued on May 24, 1946 and continued...

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