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MARINE MIDLAND CO. v. PENBERTHY ETC.

60 Misc.2d 11 (1969)

Marine Midland Trust Company of the Mohawk Valley, Plaintiff, v. Penberthy, De Iorio & Rayhill et al., Defendants.

Supreme Court, Special Term, Oneida County.

May 20, 1969

Attorney(s) appearing for the Case

O'Shea, Griffin, Jones & McLaughlin for defendants. Ferris, Hughes, Dorrance & Groben for plaintiff.

JOHN R. TENNEY, J.

Defendants seek an order dismissing the complaint under CPLR 3211 (subd. [a], par. 5) because the causes of action are barred by CPLR 214 (subd. 6).

Plaintiff as executor of the estate of Caren Crouse Phelps was surcharged by the Surrogate of Oneida County because it voluntarily paid certain taxes which could not be collected because the Statute of Limitations barred the claim. In October of 1959, the plaintiff employed and...

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