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THOMAS v. CITY OF NEW YORK

60 A.D.2d 514 (1977)

Eunice E. Thomas et al., Respondents, v. City of New York, Defendant, and Mine Safety Appliances Co., Appellant

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

December 1, 1977

Unanimously affirmed, without costs and without disbursements.

The court at Special Term denied appellant's motion for summary judgment based on the affirmative defense of the Statute of Limitations. Our affirmance indicates that such affirmative defense as respects the plaintiff widow will be tried along with the other issues. (Cf. Bannon v Bannon,...

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