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ELLIS v. RILEY

53 Misc.2d 615 (1967)

George Ellis, Individually, and as Administrator of The Estate of Susan M. Ellis, Deceased, Plaintiff, v. Andrew J. Riley et al., Defendants.

Supreme Court, Special Term, Kings County.

April 14, 1967

Attorney(s) appearing for the Case

Michaels, Walton, Cullen & Mele (Martin Roslin of counsel), for Andrew J. Riley, defendant. Moser & Arye (Leonard A. Arye of counsel), for plaintiff.

THEODORE D. OSTROW, J.

The defendant Riley moves for summary judgment pursuant to CPLR 3212 dismissing the complaint herein upon the ground that the Statute of Limitations pleaded as affirmative defenses with respect to each of the causes of action set forth in the complaint constitutes a complete bar to said causes of action. The plaintiff cross-moves pursuant to CPLR 3211 (subd. [b]) to dismiss the affirmative...

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