VIGNARI v. CONT'L TENN. LINES


70 Misc.2d 362 (1972)

Steve Vignari et al., Plaintiffs, v. Continental Tennessee Lines, Inc., et al., Defendants.

Supreme Court, Special Term, Kings County.

May 31, 1972


Attorney(s) appearing for the Case

Jasper & Jasper for plaintiffs. Robert E. Goldstein for defendants.


LOUIS B. HELLER, J.

Motion by plaintiffs to strike the affirmative defense of the Statute of Limitations, or in the alternative, to vacate the dismissal of a prior complaint by Mr. Justice SCHWARTZWALD. Defendant, Continental Tennessee Lines, Inc., moves to dismiss the complaint on the ground that the action is time barred.

This action, brought pursuant to EPTL 5-4.1 (formerly § 130 of the Decedent...

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