O'LEARY v. BROWN SEAL REALTY CORP.


33 A.D.2d 764 (1969)

Timothy O'Leary, Respondent, v. Brown Seal Realty Corp., Appellant

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

December 16, 1969


Order, entered on December 11, 1967, granting plaintiff's motion to strike the affirmative defenses of Statute of Limitations and laches, affirmed, with $50 costs and disbursements to plaintiff-respondent.

It is conceded that the present action was commenced within three years after plaintiff attained his majority. The fact that the first action brought by plaintiff's guardian ad litem was dismissed on procedural grounds, approximately 10 days after plaintiff...

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