ARTHUR YOUNG & CO. v. LEONG


53 A.D.2d 515 (1976)

Arthur Young & Company, Appellant, v. Robert H. Y. Leong, Respondent

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

June 1, 1976


Special Term, apparently relying upon the holding in Silver v Great Amer. Ins. Co. (29 N.Y.2d 356), exercised discretion to dismiss, conditioned upon defendant's waiver of defenses of limitation of time and laches arising after commencement of the action. Plaintiff-appellant's opposition to the motion was based upon a clause contained in the articles subscribed by the parties, which provided...

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